In a December 20, 2010 decision by Justice Warshawsky, the Court reviewed the decision of Special Referee, Michael Cardello III, in a construction litigation. Special Referee Cardello concluded that two documents, inadvertently produced by plaintiffs, were not protected either by attorney client or work product doctrine. The documents at issue are the handwritten notes of an employee of one of the defendants. In particular, the employee, an architect, had taken notes at a meeting. A portion of the notes contain, according to the defendant, protocols that were developed with and at the direction of counsel for defendant, and that the meeting was held at the direction of defendant’s counsel. In reviewing the Special Referee’s 19-page decision, as well as the documents at issue, the Court concluded that Mr. Cardello’s determination that the "communication" found within the employee’s notes did not amount to the rendering of legal advice or services. According, the Court, upon, de novo review, affirmed the findings and conclusions of Mr. Cardello and incorporated by reference his decision of November 1, 2010.
Archstone v. Tocci Bldg.Corp. of N.J., Inc., Sup Ct, Nassau County, Dec. 20, 2010, Warshawsky, J., Index No. 001018/08