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915 2ND PUB INC. v. QBE INS. CORP.

10465N, 604047/07.

107 A.D.3d 601 (2013)

967 N.Y.S.2d 385

2013 NY Slip Op 4748

915 2ND PUB INC., Doing Business as THADY CON'S BAR & RESTAURANT, et al., Respondents, v. QBE INSURANCE CORPORATION, Appellant.

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

Decided June 25, 2013.

There is no dispute that the subject appraisal report was prepared by an expert at defense counsel's direction as an aid in litigation, and thus, the report was protected as attorney work product (see Hudson Ins. Co. v Oppenheim, 72 A.D.3d 489 [1st Dept 2010]; CPLR 3101 [c]). The single notation in the claim file that the report was sent to plaintiffs' prior counsel is insufficient to show waiver of the privilege, since plaintiffs...

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