570 SMITH STREET CORP. v. SENECA INS. CO. INC.

653296/14, 3467N.

148 A.D.3d 561 (2017)

2017 NY Slip Op 02006

50 N.Y.S.3d 57

570 SMITH STREET CORP. et al., Respondents, v. SENECA INS. COMPANY, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 21, 2017.


In this action for breach of contract based on defendant insurer's failure to pay benefits due under an insurance policy, plaintiffs objected, in a letter to Supreme Court, to defendant's withholding of certain correspondence between it and its counsel on the ground that it was protected by the attorney-client privilege. Following an in camera inspection, the court directed defendant to produce the documents to plaintiff.

Following our own in camera review of the...

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