IN THE MATTER OF BEINY


16 A.D.3d 221 (2005)

792 N.Y.S.2d 24

In the Matter of ROTRAUT L.U. BEINY, as Trustee of the Trust Created by ELISABETH N.F. WEINBERG, as Grantor. MARTIN WYNYARD et al., Respondents, v. ROTRAUT L.U. BEINY et al., Respondents, and MICHELE BEINY HARKINS et al., Appellants. THE ANTIQUE COMPANY OF NEW YORK, INC., Intervening Petitioner.

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

March 17, 2005.


The narrow issue of whether two paragraphs from a letter by Ms. Beiny to her father should have been excluded from evidence as subject to the attorney-client privilege was not previously determined and was appropriately raised by petitioners before the referee. In any event, the prior evidentiary ruling that the letter as a whole was privileged from disclosure was not immune from reconsideration (see People v Evans, 94 N.Y.2d 499

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