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Weber v. Paduano

Analyses of circumstances surrounding fire are not protected by work product doctrine.

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Judge Lynch

WEBER v. PADUANO — In this action to recover damages arising from an apartment fire, plaintiff Charlotte Weber (“plaintiff” or “Weber”) has moved to compel the production of certain documents that the defendants have withheld as protected by the work product doctrine or attorney-client privilege. Plaintiff seeks the production of a number of investigative reports and claim file documents compiled during the course of the insurance investigation of the fire, performed on behalf of defendants Daniel and Nancy Paduano (collectively, the “Paduano defendants”), and also documents and correspondence created in connection with the insurance policies of defendants 19 East 72nd Street Corporation and Brown Harris Stevens Residential Management, LLC (collectively, the “building defendants”). Plaintiff also seeks an order compelling various third parties to comply with subpoenas seeking the production of documents related to the insurance investigations. For the reasons discussed below, plaintiff’s motion will be granted with respect to the majority of the documents.

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