Legal Opinion

Gama Aviation Inc. v. Sandton Capital Partners, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 2012PublishedCited by 3 opinions

1Opinion of the Court

*424Gama’s privilege log properly asserted the attorney-client privilege as to all of the documents at issue. We reject defendants’ assertion that the privilege was waived because the communications were copied to, sent to, or authored by third-party Alireza Ittihadieh. Although attorney-client communications shared with a third-party generally are not privileged, “an exception exists for ‘one serving as an agent of either attorney or client’ ” (Robert V. Straus Prods. v Pollard, 289 AD2d 130, 131 [1st Dept 2001], quoting People v Osorio, 75 NY2d 80, 84 [1989]). Here, the affidavit of Gama’s…

2Cases cited4 opinions

  1. People v. OsorioNew York Court of Appeals · 1989
  2. People v. KozlowskiNew York Court of Appeals · 2008
  3. Stroh v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Corcoran v. Peat, Marwick, Mitchell & Co.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. 1591 Second Ave. LLC v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Energy & Envtl. Legal Inst. v. Attorney Gen. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
  3. Molner v. MolnerAppellate Division of the Supreme Court of the State of New York · 2024

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