Legal Opinion

Rossi v. Blue Cross & Blue Shield

New York Court of Appeals

Decided June 6, 1989PublishedCited by 141 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

An internal memorandum from a corporate staff attorney to a corporate officer communicating advice regarding a company form that was the subject of an imminent defamation action is protected from disclosure in that action by the attorney-client privilege (CPLR 4503 [a]).

As alleged in the complaint, in April 1984, plaintiff, a physician specializing in radiology, opened a facility for medical diagnostic testing through the use of a Diasonics NMR (nuclear magnetic resonance) Imaging Scanner. Over the next year and a half, plaintiff performed NMR scans on numerous…

2Cases cited12 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. United States v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1950
  3. Priest v. HennessyNew York Court of Appeals · 1980
  4. Hurlburt v. . HurlburtNew York Court of Appeals · 1891
  5. In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979

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3Cited by141 opinions

  1. Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
  2. Bowne of New York City, Inc. v. AmBase Corp.District Court, S.D. New York · 1993
  3. Niesig v. Team INew York Court of Appeals · 1990
  4. People v. OsorioNew York Court of Appeals · 1989
  5. Ambac Assurance Corporation v. Countrywide Home Loans, Inc.New York Court of Appeals · 2016

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