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40 Misc. 2d 413

Walsh v. Herrick

New York Supreme Court

Decided July 11, 1963

New York Supreme Court · decided 1963-07-11

Good law ✅— No negative treatment on recordhow we know

Decided 1963-07-11

How this case has been cited

Cited by 6 later decisions — most recently June 1993

2 state decisions

201963197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Thomas Dickens, J.

¶1This motion is brought to require Harold L. Herrick to appear before a Commissioner to further testify as required by a subpoena served upon him and to produce documents specified therein. Such testimony is sought for use in a Connecticut action. Mr. Herrick’s refusal to answer certain questions or produce certain documents upon his prior appearance before the Commissioner is based on his claim of confidential communication resulting from an attorney-client relationship. The moving party contends that section 353 of the Civil Practice Act is not applicable to this situation, and that the law of Connecticut applies and thereunder such testimony may be elicited.

¶2It is this court’s opinion that to grant the relief requested would be contrary to the public policy of this State.

¶3The general rule is that the law of the place where the testimony is to be heard governs its admissibility (Matter of Roberts, 214 App. Div. 271). However, “ here we are concerned with something more than the mere admissibility of testimony ’ Herrick is an attorney in this State and the inquiry concerns *414professional acts done here.” He “ should not be allowed to reveal, much less compelled to, any matter which the public policy of this State deems inviolate” (Matter of Franklin Washington Trust Co. [Levine], 1 Misc 2d 697, 698).

¶4Accordingly this motion is denied.

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