330 Acquisition Co. v. Regency Savings Bank, F.S.B.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 18, 2003, which approved an order of the special referee pursuant to CPLR 3104 (d), unanimously affirmed, with costs.

There is no basis for dismissal of the appeal; under the circumstances, it is not moot and the relief sought is not barred. Supreme Court properly exercised its discretion, based on its realistic appreciation of the nonparty’s interlocking relationship with plaintiff, in finding that the communications between plaintiff and the nonparty were subject to the attorney-client common interest privilege. This…