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U.S. Bank v. Buco

Appellate Division of the Supreme Court of the State of New York
May 31, 2018
2018 N.Y. Slip Op. 74646 (N.Y. App. Div. 2018)

Summary

acknowledging general rule that disclosure, even if inadvertent, waives the privilege but holding that important public policy considerations militate against finding that bank's submission of materials to federal regulators waived privilege

Summary of this case from In re M L Business Mach. Co., Inc.

Opinion

Motion No: M-908

05-31-2018

U.S. Bank, NA, successor trustee to Bank of America, NA, etc., Plaintiff-Respondent, v. Jose Buco, Defendant-Appellant, -and- Board of Managers of the Strand Condominium Homeowners Association, et al., Defendants.


An appeal having been taken to this Court by defendant Jose Buco from the order of the Supreme Court, New York County, entered on or about April 20, 2017,And plaintiff-respondent having moved for dismissal of the aforesaid appeal for failure to timely perfect (CPLR 5513), or for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed.

ENTERED: May 31, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Peter Tom Jeffrey K. Oing Anil C. Singh, Justices

M-908

Index No. 850355/14


Summaries of

U.S. Bank v. Buco

Appellate Division of the Supreme Court of the State of New York
May 31, 2018
2018 N.Y. Slip Op. 74646 (N.Y. App. Div. 2018)

acknowledging general rule that disclosure, even if inadvertent, waives the privilege but holding that important public policy considerations militate against finding that bank's submission of materials to federal regulators waived privilege

Summary of this case from In re M L Business Mach. Co., Inc.
Case details for

U.S. Bank v. Buco

Case Details

Full title:U.S. Bank, NA, successor trustee to Bank of America, NA, etc.…

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

Date published: May 31, 2018

Citations

2018 N.Y. Slip Op. 74646 (N.Y. App. Div. 2018)

Citing Cases

In re M L Business Mach. Co., Inc.

Nevertheless, while I am wary of extending evidentiary privileges, in the unique circumstances of this case,…