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Metro Realty Services, LLC v. Old Country Realty Corp., Sup Ct, Nassau County, June 2, 2009, Bucaria, J, Index No. 0195449/05

Posted in Attorney Work Product, Attorney-Client Privilege, Confidentiality, Discovery, Justice Bucaria, Stephen A., Motion For Sanctions, Nassau

In a decision dated June 2, 2009, Justice Bucaria, in a connection breach-of-contract and fraud action by Plaintiff-real estate broker against Defendant-property owner involving a claim for a brokerage commission, and on Plaintiff’s motion to strike Defendant’s answer and for the imposition of costs and sanctions, as well as Defendant’s cross-motion to compel Plaintiff to provide documents in response to Defendant’s discovery demands, 1) directed Defendant to produce correspondence between the parties regarding the subject premises as material and necessary but found that the file of Defendant’s real-estate attorney was overly broad and protected by the doctrines of attorney work product and attorney-client privilege; 2) directed Defendant to produce advertisements or listings for sale of the subject premises as material and necessary; 3) directed Defendant to produce the title report respecting the sale of the subject property as material and necessary; 4) denied Plaintiff’s request for Defendant’s tax returns and financial records as confidential and irrelevant to the transaction at issue; 5) directed Defendant to produce its corporate resolution authorizing the sale of the subject property and its certificate of dissolution as material and necessary; and 6) denied Plaintiff’s motion for sanctions absent a clear showing that Defendant’s failure to comply with discovery was willful and contumacious. The court also 1) directed Plaintiff to produce documents respecting its status as a legal entity as material and necessary; 2) directed Plaintiff to produce documents respecting agent real estate licensure as material and necessary; 3) directed Plaintiff to produce documents respecting the financial condition of its prospective buyer as material and necessary; 4) directed Plaintiff to produce documents respecting the offer and acceptance by its prospective buyer as material and necessary; 5) directed Plaintiff to produce the names, addresses, and telephone numbers of all potential witnesses; and 6) directed Plaintiff to provide “thorough and specific written responses under oath” to Defendant’s interrogatories without referring to other discovery responses.