Don Cirale, as Administrator of the Estate of Lee Cirale v. 80 Pine Street Corporation, and Board of Inquiry of the…

Summary

The New York Court of Appeals reversed the Appellate Division’s order granting discovery of the Board of Inquiry’s investigation, holding that the plaintiffs failed to show adequate special circumstances under CPLR 3101 and that the city’s claim of a common‑law governmental privilege was unsupported. The court also held that the City Charter sections cited do not provide immunity from discovery. A dissent argued the special‑circumstances requirement was met and that the privilege issue had already been decided.