he "has not submitted any evidence that [the reporter's] testimony goes to the heart of [plaintiff's] claim"); Brown & Williamson Tobacco Corp. v. Wigand, 228 ■.2d 187, 187 (1st Dep't 1996) (B&W failed to establish materials sought were critical or necessary to underlying Kentucky action where "ample

e duplicative and therefore 25 Dvir 15845345v3 3970112-000042 EFTA00596479 cumulative."), aff'd, 228 II.2d 187, 643 .2d 92 (1st Dep't 1996). In Wigand, the party seeking privileged information from the media failed the critical or necessary prong because it, "by its own admission, ha[d] ample proo