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AMBAC INDEM. v. BANKERS TRUST

151 Misc.2d 334 (1991)

AMBAC Indemnity Corporation, Plaintiff, v. Bankers Trust Company, Defendant and Third-Party Plaintiff. MGIC Indemnity Corporation, Third-Party Defendant.

Supreme Court, New York County.

March 22, 1991

Attorney(s) appearing for the Case

Willkie Farr & Gallagher (Brian E. O'Connor of counsel), for plaintiff. White & Case (A. Grant McCrea of counsel), for defendant and third-party plaintiff.

HAROLD BAER, JR., J.

Plaintiff AMBAC Indemnity Corp. (AMBAC) moves, pursuant to CPLR 3124, to compel defendant Bankers Trust Company (Bankers Trust) to produce 18 documents demanded by plaintiff but withheld by defendant on the ground of attorney-client privilege and to answer questions at depositions about legal advice rendered to defendant. At issue is whether beneficiaries of a trust may discover communications...

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