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2138747 ONTARIO INC. v. LEHMAN BROS. HOLDINGS, INC.

156759/17. Appeal No. 15852. Case No. 2021-02746.

205 A.D.3d 403 (2022)

167 N.Y.S.3d 86

2022 NY Slip Op 02936

2138747 Ontario Inc., Appellant, v. Lehman Brothers Holdings, Inc., Respondent.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Ressler & Ressler, New York (Ellen R. Werther of counsel), for appellant.

Norton Rose Fulbright US LLP, New York (Lauren T. Lee of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

The court properly determined that plaintiff waived the attorney-client privilege by placing the subject matter of its attorneys' advice at issue in this case and then by making selective disclosure of that advice (see Orco Bank v Proteinas Del Pacifico, 179 A.D.2d 390, 390 [1st Dept 1992]; see also Levy v Arbor Commercial Funding, LLC, 138 A.D.3d 561, 562 [1st Dept 2016]). While plaintiff...

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