McDonough v. Pinsley

Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 17, 1996, which, insofar as appealed from, denied defendant’s motion to compel production of a document used by plaintiff to refresh his recollection at his deposition, and certain of plaintiff’s income tax returns, unanimously modified, on the law and the facts, to compel production of the document used at the deposition, and otherwise affirmed, without costs.

Any privilege protecting the subject document from disclosure was waived by plaintiff when he used it to refresh his recollection (Grieco v Cunningham, 128 AD2d…