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THEROUX v. RESNICOW

Index No. 154642/17. Appeal No. 15999. Case No. 2021-04750.

205 A.D.3d 598 (2022)

168 N.Y.S.3d 69

2022 NY Slip Op 03357

Justin Theroux, Respondent, v. Norman J. Resnicow et al., Appellants, et al., Defendants.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Peter M. Levine, New York, for appellants.

Pryor Cashman LLP, New York (Eric D. Sherman of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Supreme Court conducted an in camera review of the relevant emails on two occasions and properly determined that the emails in question were "primarily or predominantly of a legal character," and thus protected by the attorney-client privilege (Rossi v Blue Cross & Blue Shield of Greater N.Y., 73 N.Y.2d 588, 594 [1989]). New York courts have recognized that attorneys with "mixed business...

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