Credit Suisse First Boston v. Utrecht-America Finance Co.

Order, Supreme Court, New York County (Karla Moskowitz, *254J.), entered August 26, 2005, which denied defendants’ motion to compel production of documents plaintiff had withheld or redacted based on the attorney-client privilege, unanimously affirmed, without costs.

In this breach of contract action, it was not necessary to invade the privilege to ascertain the truth of plaintiffs assertion as to the reasons for its delay in closing. Defendants failed to show that plaintiff “place[ed] the subject matter of the privileged communication in issue” or that “invasion of the privilege is required to…