ALEKNA v. 207-217 W. 110 PORTFOLIO OWNER LLC

156847/16. Appeal No. 12453N. Case No. 2020-01622.

188 A.D.3d 553 (2020)

132 N.Y.S.3d 632

2020 NY Slip Op 06841

Mariana Dimitrova Alekna et al., Respondents, v. 207-217 West 110 Portfolio Owner LLC et al., Appellants, et al., Defendants.

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

Decided November 19, 2020.


Plaintiffs and seller defendants asserted that appellants waived the attorney-client privilege with respect to the due diligence report prepared by appellants' prior counsel in connection with their purchase of the building, because appellants asserted an affirmative defense and cross claims contending that the rent overcharges were not willful and they had no knowledge of the proper rent regulatory status of plaintiffs' apartments when they purchased the building.

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