Blank Rome, LLP v Parrish
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 31, 2012
Tom, J.P., Sweeny, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered October 13, 2011, which, insofar as appealed from, upon defendant's motion to amend the parties' Stipulation and Order for the Production and Exchange of Confidential Information (Stipulation), directed that documents produced by nonparty Storch Amini & Munves, P.C. be turned over to the court, and precluded the parties from use of the subject documents in discovery related to the claims, counterclaims and defenses in this action, unanimously modified, on the law, to grant the parties access to and permission to use the documents produced by Storch Amini, and otherwise affirmed, without costs.
Defendant agreed in the so-ordered stipulation that "any attorney-client privilege applicable to his communications with attorneys representing him is waived for the purposes of this action." By this clear and express provision, defendant waived his attorney-client privilege with respect to the privileged documents produced by Storch Amini to the extent the documents involve matters relevant to the claims and defenses in this action (see DLJ Mtge. Capital Corp., Inc. v Fairmont Funding, Ltd., 81 AD3d 563, ; Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 NY3d 470, 475 ; Koren-DiResta Constr. Co. v New York City School Constr. Auth., 293 AD2d 189, 195 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 31, 2012
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