Dennis Rossi, Appellant v. Blue Cross and Blue Shield of Greater New York, Respondent

Summary

The New York Court of Appeals affirmed that an internal memorandum from Blue Cross staff counsel to a corporate officer was protected by the attorney‑client privilege. The Court held that the communication was made for the purpose of obtaining legal advice concerning imminent litigation and therefore not discoverable. The decision relied on the purpose‑test for privilege and rejected the dissent’s view that the document was merely a business judgment.