PSKW, LLC v McKesson Specialty Arizona, Inc., 2011 NY Slip Op 01959 [82 AD3d 567]

March 17, 2011

Appellate Division, First Department

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David A. Robinson, New York, for appellant.

Fish & Richardson, P.C., New York (J.P. Smith of counsel), for respondent.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 23, 2010, which, to the extent appealed from, denied plaintiff’s motion to modify the referee’s report sustaining defendant’s assertion of the attorney-client privilege as to certain documents, unanimously affirmed, with costs.

Defendant having made a threshold showing of its entitlement to the protection of the attorney-client privilege, the court, in its discretion, was free to conduct an in camera review of the withheld documents. Concur—Andrias, J.P., Saxe, Friedman, Moskowitz and Richter, JJ..