AMBAC ASSUR. v. COUNTRYWIDE

651612/10

124 A.D.3d 129 (2014)

998 N.Y.S.2d 329

2014 NY Slip Op 08510

AMBAC ASSURANCE CORPORATION et al., Respondents, v. COUNTRYWIDE HOME LOANS, INC., et al., Defendants, and BANK OF AMERICA CORP., Appellant.

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

Decided December 4, 2014.


Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York City ( Jonathan Rosenberg , B. Andrew Bednark and Anton Metlitsky of counsel), for appellant.

Patterson Belknap Webb & Tyler LLP, New York City ( Robert P. LoBue , Peter W. Tomlinson , Harry Sandick and Joshua Kipnees of counsel), for respondents.

TOM, J.P. DEGRASSE, RICHTER and KAPNICK, JJ., concur.


OPINION OF THE COURT

In general, the presence of a third party at a communication between counsel and client is sufficient to deprive the communication of confidentiality. However, there is an exception to this rule: the common-interest privilege. Under this doctrine, a third party may be present at the communication between...

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