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570 SMITH STREET CORP. plf-res, v. SENECA INS. COMPANY, INC., def-ap, COVERAGE CONCEPTS, INC., def

3467N. 570 SMITH STREET CORP. plf-res, v. SENECA INS. COMPANY, INC., def-ap, COVERAGE CONCEPTS, INC., def — Ken Maguire & Associates, PLLC, Garden City (Kenneth R. Maguire of counsel), for ap — Weg & Myers, P.C., New York (Joshua L. Mallin of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 23, 2016, which directed defendant insurer to produce documents that it had claimed were subject to the attorney-client privilege, unanimously reversed, on the law and facts, with costs, and the directive vacated.

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3467N. 570 SMITH STREET CORP. plf-res, v. SENECA INS. COMPANY, INC., def-ap, COVERAGE CONCEPTS, INC., def — Ken Maguire & Associates, PLLC, Garden City (Kenneth R. Maguire of counsel), for ap — Weg & Myers, P.C., New York (Joshua L. Mallin of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 23, 2016, which directed defendant insurer to produce documents that it had claimed were subject to the attorney-client privilege, unanimously reversed, on the law and facts, with costs, and the directive vacated.

In this action for breach of contract based on defendant insurer’s failure to pay benefits due under an insurance policy, plaintiffs objected, in a letter to Supreme Court, to defendant’s withholding of certain correspondence between it and its counsel on the ground that it was protected by the attorney-client privilege. Following an in camera inspection, the court directed defendant to produce the documents to plaintiff.

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