| 21st Century Diamond, LLC v Allfield Trading, LLC |
| 2011 NY Slip Op 04177 [84 AD3d 616] |
| May 19, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 21st Century Diamond, LLC,
Appellant-Respondent, v Allfield Trading, LLC, et al., Respondents-Appellants. (And a Third-Party Action.) |
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Jones Day, New York (James A.A. Kirk of counsel), for respondents-appellants.
Order, Supreme Court, New York County (James A. Yates, J.), entered January 25, 2011, which, insofar as appealed from as limited by the briefs, denied defendants' motion to compel the disclosure of correspondence postdating the complaint, unanimously modified, on the law and the facts, and in the exercise of discretion, to grant the motion as to postcomplaint correspondence related to plaintiff's customers Blue Nile, Tiffany & Co., and Birks & Mayors, and otherwise affirmed, with out costs.
Correspondence related to Blue Nile, Tiffany & Co., and Birks & Mayors concerns and is essential to the defense of plaintiff's claims of lost profits and lost business opportunities with respect to these companies (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Osowski v AMEC Constr. Mgt., Inc., 69 AD3d 99, 107 [2009]; Flower Cart v Fackovec, 163 AD2d 184, 187 [1990]). Concur—Andrias, J.P., Friedman, Freedman, Richter and RomÁn, JJ.