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TELX-NEW YORK, LLC v. 60 HUDSON OWNER LLC

9827N. 650440/17.

174 A.D.3d 435 (2019)

101 N.Y.S.3d 834

2019 NY Slip Op 05484

Telx-New York, LLC, Appellant, v. 60 Hudson Owner LLC, Respondent.

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

Decided July 9, 2019.

The common interest privilege does not apply to the communications at issue, in which plaintiff and a third party collaborated to promote their common interest in closing a merger transaction, because the communications do not relate to litigation, either pending or reasonably anticipated (Ambac Assur. Corp. v Countrywide Home Loans, Inc., 27 N.Y.3d 616 [2016]).

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