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HOMAPOUR v. HAROUNIAN

Index No. 653795/15. Appeal No. 14800. Case No. 2021-01951.

200 A.D.3d 575 (2021)

160 N.Y.S.3d 223

2021 NY Slip Op 07080

Mehrnaz Nancy Homapour et al., Plaintiffs, v. Mark Harounian et al., Respondents, et al., Defendants. Shahriar Homapour, Nonparty Appellant.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Oved & Oved LLP, New York ( Glen Lenihan of counsel), for appellant.

Pryor Cashman LLP, New York ( William L. Charron of counsel), for respondents.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

This appeal presents the question of whether nonparty appellant waived the common interest, work product and trial preparation privileges with respect to the documents subpoenaed by defendants-respondents in this action brought against them by nonparty appellant's wife, among others. "Waiver is an intentional relinquishment of a known right and should not be lightly presumed" (Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966

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