New York Court of Appeals
Joan C. Lipin, Appellant v. Robert M. Bender, Jr., Respondents
November 1, 199484 N.Y.2d 562
Summary
The Court affirmed the dismissal of the plaintiff's sexual harassment lawsuit, holding that CPLR 3103(c) permits dismissal as a sanction for the plaintiff's deliberate acquisition and use of privileged documents, that such conduct caused irreparable prejudice, and that the privilege was not waived by the defendants' handling of the papers.