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NETHERBY LIMITED v. G. V. TRADEMARK INVESTMENTS, LTD.

261 A.D.2d 161 (1999)

689 N.Y.S.2d 488

NETHERBY LIMITED, Respondent, v. G.V. TRADEMARK INVESTMENTS, LTD., et al., Defendants, and GLORIA VANDERBILT TRADEMARK B.V., Appellant.

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

Decided May 6, 1999.

Appellant fails to sustain its burden of establishing that any of the 16 documents falls under the attorney-client or attorney work product privileges (see, Matter of Priest v Hennessy, 51 N.Y.2d 62, 69), since the documents either were disclosed to, or made by, third parties (see, Eisic Trading Corp. v Somerset Mar., 212 A.D.2d 451) not in an agency relationship with appellant (see,...

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