Injured while working on an East Rochester school building, Clarence F. Riordan hired the firm of Cellino & Barnes to file a negligence case on his behalf. Because the lawyers supposedly didn't give the school district a timely notice of the claim, Riordan's case was dismissed and a malpractice suit ensued.
When Riordan later sought to question two of the firm's attorneys, Cellino & Barnes asked for a protective order and, after the Erie County Supreme Court granted that request (and stopped the firm's lawyers from being questioned), Riordan appealed.
In view of New York's liberal discovery rules, the Appellate Division, Fourth Department, reversed and allowed the questioning to proceed because it thought that Riordan was entitled to secure pertinent case-related facts from the law firm's employees.
We sure ain't answering no questions about that.
To view a copy of the Appellate Division's decision, please use this link: Riordan v. Cellino & Barnes P.C.