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HENNEBERRY v. BORSTEIN

8478. 600357/10.

169 A.D.3d 562 (2019)

92 N.Y.S.3d 644

2019 NY Slip Op 01326

Virginia M. Henneberry, Appellant, v. Leon Baer Borstein et al., Respondents.

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

Decided February 21, 2019.

The record does not establish that plaintiff affirmatively waived her attorney-client privilege with counsel in the action to vacate the arbitration award (Veras Inv. Partners, LLC v Akin Gump Strauss Hauer & Feld LLP, 52 A.D.3d 370, 373 [1st Dept 2008]). A review of the complaint shows that plaintiff's claims do not need to be proved through the files from her counsel in the action to vacate the arbitration award. Defendants...

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