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RESOLUTION TRUST CORP. v. DIAMOND

Nos. 91 Civ. 1361 (RLC), 91 Civ. 1683 (RLC).

773 F.Supp. 597 (1991)

RESOLUTION TRUST CORPORATION, as Receiver of Nassau Savings and Loan Association, F.A., Plaintiff, v. Selma DIAMOND, Ira Kaufman, Jerome Lederer, Peggy Lehman, Susan Solomon Pattullo, Lloyd Ribner, as Executor of the Estate of Muriel Ribner, Deceased, Horace Solomon, Lillian Solomon, Denise Tucker, Angelo Aponte, Commissioner of the Division of Housing and Community Renewal of the State of New York, and Robert Abrams, Attorney General of the State of New York, Defendants. Robert ABRAMS, Attorney General of the State of New York, and New York State Division of Housing and Community Renewal, Plaintiffs, v. RESOLUTION TRUST CORPORATION, Nassau Savings and Loan Association, F.A., Jerome Maron, and Anthony T.S. Conrad, Defendants.

United States District Court, S.D. New York.

September 3, 1991.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, New York City, for Resolution Trust Corp., Jerome Maron and Anthony T.S. Conrad; Frank H. Penski, of counsel.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, pro se and for New York State Div. of Housing and Community Renewal; Frederick K. Mehlman and Karen Smith, Asst. Attys. Gen., of counsel.

Wien, Malkin & Bettex, New York City, for Selma Diamond, Ira Kaufman, Jerome Lederer, Peggy Lehman, Horace Solomon, Lillian Solomon and Denise Tucker; Robert Machleder, of counsel.

Buchwald & Kaufman, New York City, for Susan Solomon Pattullo; Don D. Buchwald, of counsel.

Behar & Greer, New York City, for Lloyd Ribner, executor; Leon I. Behar, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

In a previous opinion, Resolution Trust Corp. v. Diamond, 137 F.R.D. 634 (S.D.N.Y.1991) (Carter, J.) [hereinafter RTC], with which familiarity is assumed, the court ruled, among other things, that the Resolution Trust Corporation (the "RTC") had failed to sustain its initial burden of showing that the 92 documents it withheld from the Attorney General (the "A.G.") were covered under the attorney-client...

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