Appellate Division of the New York Supreme Court Fourth Department

Order Compelling Deutsche Bank to Produce Documents Previously Provided to NY Attorney General Affirmed

On November 19, 2010, the Appellate Division of the New York Supreme Court, Fourth Department, affirmed an order compelling Deutsche Bank Securities, Inc. to produce to M&T Bank Corp. approximately 1.7 million pages of documents it previously produced to the New York State Attorney General concerning the packaging and sale of RMBS. Deutsche argued that discovery of documents concerning RMBS not underlying the CDOs at issue in the suit with M&T should not be required. The New York appellate court rejected that contention, stating that the discovery rules in New York are “to be interpreted liberally in favor of disclosure.” Decision.