In its April 24th letter, plaintiff expressly conditioned defendant's pre-production review of 175 boxes of documents on plaintiff's reservation of the attorney/client and work product privileges. While defendant did not expressly agree to the reservation of privilege in its May 3rd letter, its silence on that obviously important aspect of plaintiff's proposal was "`deceptive and beguiling,'" and therefore should be deemed an acquiescence (see, Russell v Raynes Assocs...
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