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LEVENTHAL v. BAYSIDE CEMETERY

Index No. 100530/11. Appeal No. 12471N. Case No. 2020-1959.

188 A.D.3d 604 (2020)

132 N.Y.S.3d 747

2020 NY Slip Op 06955

Steven R. Leventhal, Appellant, v. Bayside Cemetery et al., Respondents, et al., Defendants. Cleary Gottlieb Steen & Hamilton LLP, Nonparty Respondent.

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

Decided November 24, 2020.

Plaintiff seeks production of presumptively privileged attorney time records (see Matter of Peerenboom v Marvel Entertainment, LLC, 160 A.D.3d 439, 440 [1st Dept 2018]) from a nonparty law firm on the belief that if there are no attorney billable time entries on dates when defendants have logged a communication as privileged, it is evidence that the communication was made in connection with the attorney's purported business, and...

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