First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc. (2008 NY Slip Op 08787)

First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc.

2008 NY Slip Op 08787 [56 AD3d 1139]

November 14, 2008

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 7, 2009

First American Commercial Bancorp, Inc., Respondent, v Saatchi & Saatchi Rowland, Inc. (Formerly Saatchi & Saatchi Business Communications, Inc.), et al., Appellants, et al., Defendant. (Appeal No. 2.)

—[*1] Ward Norris Heller & Reidy LLP, Rochester (Jeffrey J. Harradine of counsel), for defendants-appellants.

Gates & Adams, P.C., Rochester (Douglas S. Gates of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 15, 2008. The order, upon plaintiff's motion to compel disclosure, determined that two documents are not privileged.

It is hereby ordered that said appeal from the order insofar as taken by defendant CB Richard Ellis is unanimously dismissed and the order is modified on the law by denying that part of the motion seeking to compel disclosure of document 42 and as modified the order is affirmed without costs.

Same memorandum as in First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc. (56 AD3d 1137 [2008]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.