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MBIA INSURANCE CORPORATION v. COUNTRYWIDE HOME LOANS, INC.

7022NA, 7022N, 602825/08.

93 A.D.3d 574 (2012)

941 N.Y.S.2d 56

2012 NY Slip Op 2258

MBIA INSURANCE CORPORATION, Respondent, v. COUNTRYWIDE HOME LOANS, INC., et al., Appellants.

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

Decided March 27, 2012.

Plaintiff met its burden of establishing that the documents concerning its remediation efforts were primarily prepared in anticipation of litigation and are, thus, privileged matter (see JP Foodservice Distribs. v Sorrento, Inc., 305 A.D.2d 266 [2003]; CPLR 3101 [d] [2]). Indeed, plaintiff submitted evidence, including retainer agreements, showing that its counsel retained consultants to help provide legal advice to plaintiff with...

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