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LEVENTHAL v. BAYSIDE CEMETERY

7074N. 100530/11.

163 A.D.3d 433 (2018)

80 N.Y.S.3d 255

2018 NY Slip Op 04977

Steven R. Leventhal, Appellant, v. Bayside Cemetery et al., Respondents, et al., Defendant.

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

Decided July 5, 2018.

Plaintiff seeks documents that defendants Bayside Cemetery and Congregation Shaare Zedek claim are subject to the attorney-client privilege on the ground that defendants have been committing a crime or fraud by commingling monies and diverting Bayside Cemetery's perpetual care trust monies for Shaare Zedek's benefit since the 1960s, and deceptively solicited his purchase price of a perpetual care trust fund in 1985 for three graves with the intent not to fulfill their perpetual...

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