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DELTA FINANCIAL CORPORATION v. MORRISON

2008-08876

69 A.D.3d 669 (2010)

894 N.Y.S.2d 437

2010 NY Slip Op 216

DELTA FINANCIAL CORPORATION, Plaintiff, v. JAMES E. MORRISON et al., Defendants. CHRISTOPHER A. BYRNE, Nonparty Appellant. (Action No. 1.) DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, et al., Plaintiffs, v. DELTA FINANCIAL CORPORATION et al., Defendants. CHRISTOPHER A. BYRNE, Nonparty Appellant. (Action No. 2.).

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

Decided January 12, 2010.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

During discovery, Christopher A. Byrne, who was an attorney for the defendants in action No. 1 and for the plaintiffs in action No. 2, asserted that 55 e-mails were protected from disclosure by the attorney-client privilege, a litigation committee privilege, and/or a common interest privilege. After an exhaustive in camera review of those 55 e-mails, the Supreme Court determined...

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