Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On January 31, 2025, Justice Melissa A. Crane ordered in camera review of certain purportedly privileged documents in a legal malpractice case, noting that conflicting contentions over whether the plaintiff was ever actually a client of defendants presented a “catch-22 problem.” In Genesis Reoc Company LLC, et al. v. Stuart D. Poppel, et al., Index No. 156733/2017, the plaintiff alleged that the defendants were their former attorneys and sued for malpractice. The attorneys had represented other parties in the underlying transactions at issue, and during discovery, they withheld communications with those clients on the basis of privilege. The attorneys also contended that the plaintiff had never actually been a client of theirs. The Court ordered in camera review to address the threshold question of whether an attorney-client relationship existed, explaining: Read More

On January 31, 2025, Justice Melissa A. Crane resolved a motion to compel by directing in camera production of certain documents to inform a threshold inquiry as to whether or not plaintiffs and defendants had an attorney-client relationship. Genesis REOC, Company, LLC v. Poppel, Index No. 156733/2017. Read More

On December 9, 2024, Justice Andrew Borrok issued an order holding that a judgment debtor’s public denial of fraud allegations in a press release “based on and in reliance on advice received from outside counsel’s . . . investigation” waived its ability to assert attorney-client privilege over the investigation. The order in Altium Growth Fund, L.P., et al., v. Tingo Group, Inc., Index No. 651910/2023, resulted from motions made after the debtor’s counsel, Greenberg Traurig, LLP, refused to answer certain questions at a deposition based on an assertion of the attorney-client privilege. The Court explained: Read More

In an April 19, 2024 order, Justice Andrew Borrok addressed whether communications relating to a joint venture were protected from disclosure under the attorney-client privilege and/or work product protection. Read More

On April 7, 2024, Justice Andrea Masley granted a petitioner’s motion to compel the production of communications from the law firm Hecht Partners, LLP in response to the petitioner’s judgment-enforcement subpoena. In TGT, LLC v. Joseph Meli, et al., Index No. 153682/2023, petitioner TGT, LLC sought communications between the law firm and its then-client, Joseph Meli, during a period when Meli had been incarcerated. Meli had relied on his father to communicate back-and-forth with the law firm. The Court rejected the law firm’s assertion of attorney-client privilege and the common interest exception, holding that the participation of Meli’s father in the communications had waived any privilege. The Court explained: Read More

On January 20, 2024, Justice Andrea Masley granted a motion requesting in camera review of documents even after a discovery referee had declined to perform an in camera review. The decision in CWCapital Cobalt VR Ltd. v. CWCapital Investments LLC, et al., Index No. 653277/2018, vacated the referee’s order and allowed for in camera review of 35 emails exchanged between lawyers and nonlawyers over which the defendants had claimed attorney-client privilege. In granting the motion, Justice Masley indicated that in camera review has become common practice in the Commercial Division. The Court explained: Read More