Court Orders Violation to Provide Documents for in Camera Review in New York
In Anonymous v. High School for Envtl. Studies, 32 AD3d 353, 820 N.Y.S.2d 573 [1st Dept 2006]), defendants violated three court orders to provide documents for an in camera review, and the Court held that defendants failed to comply with the provisions of CPLR article 31, and that, consequently, defendants waived any objections to disclosure (id. at 359).
Moreover, the Court held that "defendants' failure to supply a privilege log or indeed, any timely substantive responses to the court's numerous orders amounts to a waiver of any claim of privilege for the documents sought" (id.).