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DOE v. POE

189 A.D.2d 132 (1993)

John Doe, Appellant, v. Peter Poe et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1993

Attorney(s) appearing for the Case

Bracken & Margolin, Islandia (Linda U. Margolin of counsel), and Williams & Connolly, Washington, D.C. (Barry S. Simon and John D. Cline of counsel), for appellant. (One brief filed.)

Simpson Thatcher & Bartlett, New York (James J. Hagan and Michael J. Chepiga of counsel), and Cravath, Swaine & Moore, New York (John R. Hupper of counsel), for respondents. (One brief filed.)

THOMPSON, SULLIVAN and BALLETTA, JJ., concur.

MANGANO, P. J.

The question to be resolved on this appeal is whether the plaintiff met his burden of demonstrating that certain communications are covered by the attorney-client privilege. In our view, the question must be answered in the negative.

The plaintiff (hereinafter the CEO), is a former Chairman of the Board, Chief Executive Officer, and trustee of a Federally chartered savings bank. In 1985...

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