21ST CENTURY DIAMOND, LLC v. ALLFIELD TRADING, LLC

1455N, 650331/09.

142 A.D.3d 913 (2016)

38 N.Y.S.3d 151

21ST CENTURY DIAMOND, LLC, Plaintiff, v. ALLFIELD TRADING, LLC, et al., Defendants. ALLFIELD TRADING, LLC, et al., Third-Party Plaintiffs-Respondents, v. EXELCO NORTH AMERICA, INC., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. STERLING JEWELERS, INC., Nonparty Appellant.

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

Decided September 29, 2016.


The motion court based its finding that the common-interest privilege had been waived on a poorly worded analogy — the import of which is not entirely clear — made in open court by nonparty appellant Sterling's former counsel, in addition to several other potentially misleading representations (most of which are not contained in the record before us). Although we agree with the motion court that Sterling's previous counsel's representations were potentially...

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