Lipin v. Bender

—Orders, Supreme Court, New York County (Karla Moskowitz, J.), entered January 27, 1992, which dismissed the complaint as a sanction for plaintiff’s improperly obtaining and using confidential documents and *425returned such documents to defendants’ counsel, unanimously affirmed, without costs.

This is seemingly a matter of first impression, the issue being whether, under the unique circumstances presented, dismissal of the complaint is an appropriate sanction for plaintiff’s surreptitious removal and use of confidential documents constituting privileged material and defense counsel’s attorney’s…