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DELTA FINANCIAL CORPORATION v. MORRISON

15 Misc.3d 308 (2007)

829 N.Y.S.2d 877

DELTA FINANCIAL CORPORATION, Individually and as Initial Member of DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. JAMES E. MORRISON et al., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, et al., Plaintiffs, v. DELTA FINANCIAL CORPORATION et al., Defendants. DELTA FUNDING RESIDUAL EXCHANGE COMPANY, LLC, Plaintiff, v. KPMG LLP, Defendant.

Supreme Court, Nassau County.

January 26, 2007.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart Nicholson Graham LLP, Pittsburgh, Pennsylvania (David R. Cohen of counsel), Loeb & Loeb LLP, New York City (Eugene Licker, Melissa Kosack and Laura Vasey of counsel), and Certilman Balin Adler & Hyman, LLP, East Meadow (M. Allan Hyman of counsel), for Delta Financial Corporation.

Christopher A. Byrne, Washington, DC (Marc Gilmore of counsel), and Arent Fox LLP (Hunter Carter, New York City, and Gary Tepper, Washington DC, of counsel), for James Morrison and others.

Hogan & Hartson LLP, New York City (Dennis H. Tracey III, Mark A. Kornfeld, Brian Lavin and Anne E. Kelly of counsel), for KPMG, LLP. Orans Elsen & Lupert, LLP, New York City (Thomas A. Brown of counsel), for Stonehill Institutional Partners, L.P.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Background

Familiarity with the facts of these matters is assumed and only relevant facts will be restated when necessary.

Counsel's Instructions to Nonparty Witness Not to Answer Questions in Dispute Based on the Assertion of Privilege

During the deposition phase of discovery in the above-referenced consolidated matters, Delta Financial Corporation (DFC) served a...

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