Opinion
5367–5368 Index 650868/15, 850216/15
01-04-2018
SIRAS PARTNERS LLC, et al., Plaintiffs–Respondents, v. ACTIVITY KUAFU HUDSON YARDS LLC, et al., Defendants–Appellants. [And a third party action]
Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Janice Mac Avoy of counsel), for appellants. Cole Schotz P.C., New York (Joseph Barbiere of counsel), for respondents.
Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Janice Mac Avoy of counsel), for appellants.
Cole Schotz P.C., New York (Joseph Barbiere of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Gische, Kahn, Singh, JJ.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered March 31, 2017, and June 6, 2017, which, to the extent appealed from, denied defendants' motion to dismiss the complaint as against defendant 462–470 11th Avenue LLC, and granted plaintiffs' motion to compel production of documents pertaining to defendants' waiver of the attorney-client privilege, unanimously affirmed, with costs.
By disclosing to a third party by email certain advice given to them by counsel, defendants waived the attorney-client privilege as to other documents pertaining to that advice (see Ambac Assur. Corp. v. Countrywide Home Loans, Inc., 27 N.Y.3d 616, 624, 57 N.E.3d 30 [2016] ; Arkin Kaplan Rice LLP v. Kaplan, 118 A.D.3d 492, 988 N.Y.S.2d 22 [1st Dept. 2014] ).
The complaint alleges sufficient wrongful conduct on the part of defendant 462–470 11th Avenue LLC, an affiliate of the other defendants, to support the claims for injunctive and declaratory relief as against that defendant (see Weinreb v. 37 Apts. Corp., 97 A.D.3d 54, 59, 943 N.Y.S.2d 519 [1st Dept. 2012] ).