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SOUTH SHORE D'LITES, LLC v. FIRST CLASS PRODS. GROUP, LLC

Index No. 650827/12. Appeal No. 12523. Case No. 2020-05003.

193 A.D.3d 471 (2021)

141 N.Y.S.3d 701

2021 NY Slip Op 02121

South Shore D'Lites, LLC, et al., Respondents, v. First Class Products Group, LLC, et al., Appellants.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York ( Brett A. Berman of counsel), for appellants.

The Law Office of Russell D. Morris PLLC, New York ( Russell D. Morris of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.

The principle is well settled that a party seeking "to invoke the crime-fraud exception [to the attorney-client privilege] must demonstrate that there is a factual basis for a showing of probable cause to believe that a fraud ... has been committed and that the communications in question were in furtherance of the fraud" (Matter of New York City Asbestos Litig., 109 A.D.3d 7, 10 [1st Dept 2013], lv dismissed

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