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ROSENGARTEN, P.C. v. HOTT

49 A.D.3d 328 (2008)

854 N.Y.S.2d 687

HOWARD ROSENGARTEN, P.C., Respondent, v. RICHARD HOTT, Appellant.

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

Decided March 11, 2008.

Defendant's contention that the materials sought are protected by the attorney-client privilege was not raised in opposition to the original motion to compel disclosure, and accordingly, it is not preserved (see e.g. Murray v City of New York, 195 A.D.2d 379, 381 [1993]). Were we to consider the argument, we would find that the subject documents are material and necessary to the resolution...

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