Norddeutsche Landesbank v Lynn Tilton; Patriarch Partners LLC; Patriarch Partners XIV LLC; and

Motion No: M-2707

Slip Opinion No: 2018 NYSlipOp 78065(U)

Decided on July 19, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

July 19, 2018

Norddeutsche Landesbank

Girozentrale and Hannover Funding

Company LLC,

Plaintiffs-Respondents,

v

Lynn Tilton; Patriarch Partners, LLC;

Patriarch Partners XIV, LLC; and

Patriarch Partners XV, LLC,

Defendants-Appellants.

An appeal having been taken from orders of the Supreme Court, New York County entered on or about January 12, 2018 and May 25, 2018, And defendants-appellants having moved to stay all tax related discovery as directed in the aforesaid orders, or in the alternative, to stay discovery of all tax information related to defendants which post dates April 2012. Defendants also separately seek an order permitting counsel to instruct witnesses not to answer deposition questions that invade attorney-client privilege, and for a preference in the scheduling of the appeal, all relief to extend through hearing and determination of the aforesaid appeal, 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 on condition the appeal is perfected for the October 2018 Term and on further condition that the stay is limited to the deposition testimony by defendant-appellant Tilton's personal tax attorney, and only to the extent that questions impinge on attorney-client privilege; to the deposition of defendant Tilton's personal tax preparer,

to the extent that questioning in that deposition extends to her personal tax records filed with tax authorities, and otherwise denied. The interim relief granted by a Justice of this Court on May 30, 2018 is vacated. ENTERED: July 12, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Peter Tom Angela M. Mazzarelli Anil C. Singh,Justices

M-2707

Index No. 651695/15