Telx-New York, LLC v 60 Hudson Owner LLC, 2019 NY Slip Op 05484 [174 AD3d 435]

July 9, 2019

Appellate Division, First Department

[*1]

Telx-New York, LLC, Appellant,

v

60 Hudson Owner LLC, Respondent.

Emery Celli Brinckerhoff & Abady LLP, New York (Debra L. Greenberger of counsel), for appellant.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (Caitlin L. Bronner of counsel), for respondent.

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about January 24, 2019, which, upon reargument, adhered to the original determination that the common interest privilege does not shield the communications at issue from disclosure, unanimously affirmed, without costs.

The common interest privilege does not apply to the communications at issue, in which plaintiff and a third party collaborated to promote their common interest in closing a merger transaction, because the communications do not relate to litigation, either pending or reasonably anticipated ( Ambac Assur. Corp. v Countrywide Home Loans, Inc. , 27 NY3d 616 [2016]).

We have considered plaintiff’s remaining contentions and find them unavailing. Concur—Renwick, J.P., Gische, Kapnick, Singh, JJ..