Ostrin v. Ostrin

O’Connor, J.,

dissents and votes to reverse the order insofar as appealed from, and to deny defendant’s motion with respect to the questions in issue, with the following memorandum: Contrary to Special Term’s determination, the excerpts of the examinations before trial of plaintiff and the nonparty witness appellant (plaintiff’s tax attorney) reveal that plaintiff’s repeated authorizations to defendant’s attorney to obtain from appellant information contained in specific business and personal documents held by appellant did not amount to a general waiver of the attorney-client privilege (see…