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AMBAC ASSUR. v. COUNTRYWIDE

No. 80.

27 N.Y.3d 616 (2016)

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

Court of Appeals of New York.

Decided June 9, 2016.

Attorney(s) appearing for the Case

Patterson Belknap Webb & Tyler LLP, New York City ( Stephen P. Younger , Harry Sandick , Peter W. Tomlinson , Alexander Michaels and Joshua Kipnees of counsel), for appellants.

O'Melveny & Myers LLP, New York City ( Jonathan Rosenberg , B. Andrew Bednark and Anton Metlitsky of counsel), and O'Melveny & Myers LLP, Washington, D.C. ( Walter Dellinger and Jonathan D. Hacker of counsel), for respondent.

Evan Goldberg , New York State Trial Lawyers Association, New York City, for New York State Trial Lawyers Association, amicus curiae.

Michael J. Hutter , Albany, and Mitchell Proner , New York State Academy of Trial Lawyers, Albany, for New York State Academy of Trial Lawyers, amicus curiae.

Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. ( Jonathan G. Cedarbaum and Leon T. Kenworthy of counsel), for Chamber of Commerce of the United States of America and another, amici curiae.

Judges ABDUS-SALAAM, STEIN and FAHEY concur; Judge RIVERA dissents in an opinion in which Judge GARCIA concurs; Chief Judge DIFIORE taking no part.

OPINION OF THE COURT

This discovery dispute involves certain attorney-client communications that defendant Bank of America Corporation and defendant Countrywide Financial Corporation shared when the two entities were in the process of merging. Generally, communications between...

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