Petra Mortgage Capital Corp. v. Amalgamated Bank

Order, Supreme Court, New York County (Barbara R. Kapnick, J), entered November 28, 2012, which denied plaintiffs’ motion to compel the production of all communications between defendant and its attorneys in a prior legal action, unanimously affirmed, with costs.

Defendant’s commencement of an action as plaintiffs’ agent pursuant to an “Intercreditor and Servicing Agreement” did not create an attorney-client relationship between defendant’s attorney and plaintiffs (see Bank of N.Y. v River Terrace Assoc., LLC, 23 AD3d 308, 311 [2005]; see also In re Colocotronis Tanker Sec. Litig., 449 F Supp…