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MARULLO v. AMCHEM PRODS., INC.

Index No. 190426/14. Appeal No. 14731. Case No. 2020-03324.

200 A.D.3d 422 (2021)

155 N.Y.S.3d 65

2021 NY Slip Op 06766

John Marullo, Jr., et al., Respondents, v. Amchem Products, Inc., et al., Defendants, and J-M Manufacturing Company, Inc., Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Manning Gross + Massenburg, LLP, New York ( Anna Hwang of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

This Court previously determined that the legal memorandum at issue, created by in-house counsel for J-M in the 1980s, was privileged but that J-M had waived the privilege with respect to a redacted version of the memorandum (Matter of New York City Asbestos Litig., 151 A.D.3d 550 [1st Dept 2017], lv dismissed 30 N.Y.3d 1055 [2018]). Thus, J-M's arguments concerning privilege with respect...

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