U.S. Bank National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2007-ESH, Acting by and Through its Special Servicer, CWCapital Asset Management LLC, Appellant, v Lightstone Holdings LLC et al., Defendants, and Line Trust Corporation Ltd. et al., Respondents. Cadwalader, Wickersham & Taft LLP, Nonparty Respondent., 196 A.D.3d 445

Summary

HOLDINGS: [1]-The trial court properly dismissed a senior lender's request for the production of certain documents that were protected by the attorney-client privilege because the junior lenders were not the holders of the privilege with the law firm, they did not place the subject matter of their own privileged communication at issue in litigation, and, contrary to plaintiff's contention, the junior lender who was also a senior lender could not unilaterally waive any privilege on behalf of the other privilege holders.