Opinion
No. 4543N.
March 17, 2011.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 23, 2010, which, to the extent appealed from, denied plaintiffs motion to modify the referee's report sustaining defendant's assertion of the attorney-client privilege as to certain documents, unanimously affirmed, with costs.
David A. Robinson, New York, for appellant.
Fish Richardson, P.C., New York (J.P. Smith of counsel for respondent.
Before: Andrias, J.P., Saxe, Friedman, Moskowitz and Richter, JJ.
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.