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SOUTH SHORE D'LITES, LLC v. FIRST CLASS PRODUCTS GROUP, LLC

10469. 650827/12.

178 A.D.3d 443 (2019)

111 N.Y.S.3d 182

2019 NY Slip Op 08635

South Shore D'Lites, LLC, et al., Respondents, v. First Class Products Group, LLC, et al., Appellants.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York (Brett A. Berman of counsel), for appellants.

The Law Office of Russell D. Morris PLLC, New York (Russell D. Morris of counsel), for respondents.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

An in camera review is needed to determine whether the subject email was sent "in furtherance" of the fraud, so as to bring the email within the crime-fraud exception to the attorney-client privilege (Fragin v First Funds Holdings, LLC, 150 A.D.3d 410 [1st...

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