The plaintiff brought a motion for an order requiring the defendant private investigation firm to produce a surveillance report and video.
The defendant had been hired by the plaintiff's former spouse during matrimonial proceedings to conduct surveillance on the plaintiff.
The plaintiff sued the defendant for breach of privacy and sought production of the report.
The defendant claimed the report was protected by litigation privilege and common law case-by-case privilege.
The court held that litigation privilege from the spent matrimonial proceedings did not apply to this unrelated civil action.
The court also applied the Wigmore criteria and found that the defendant failed to establish a common law privilege.
The motion for production was granted.
