BM&S Attorneys Sheryl Sanford & Nicholas Lamari Obtain Favorable Decision Regarding Scope of Questioning as to RICO Allegations

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Black Marjieh & Sanford LLP Partner Sheryl Sanford and Associate Nicholas Lamari recently obtained a favorable decision in Martinez v. Bedford 203 Housing Development Fund Corp., Index No. 815635/2031E (Supreme Court, Bronx County).

In the case, plaintiff’s counsel objected to questions regarding treatment the plaintiff received from several providers named in pending RICO actions and moved for a protective order. The Court held that, because the plaintiff had received services from several defendants in the RICO cases, the defendants were entitled to inquire about non-privileged communications concerning the accident and the scope of treatment, including whether that treatment may have been exaggerated or unnecessary.

The Court further ruled that the attorney–client privilege cannot be invoked where communications may have been made in furtherance of a fraudulent scheme or other wrongful conduct.

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