Siras Partners LLC et al., Respondents, v. Activity Kuafu Hudson Yards LLC et al., Appellants. (And a Third-Party Action.)

Siras Partners LLC et al., Respondents, v Activity Kuafu Hudson Yards LLC et al., Appellants. (And a Third-Party Action.) [66 NYS3d 135] [MAJORITY] Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered March 31, 2017, and June 6, 2017, which, to the extent appealed from, denied defendants’ motion to dismiss the complaint as against defendant 462-470 11th Avenue LLC, and granted plaintiffs’ motion to compel production of documents pertaining to defendants’ waiver of the attorney-client privilege, unanimously affirmed, with costs. By disclosing to a third party by email certain advice given to them by counsel, defendants waived the attorney-client privilege as to other documents pertaining to that advice (see Ambac Assur. Corp. v Countrywide Home Loans, Inc., 27 NY3d 616, 624 [2016]; Arkin Kaplan Rice LLP v Kaplan, 118 AD3d 492 [1st Dept 2014]). The complaint alleges sufficient wrongful conduct on the part of defendant 462-470 11th Avenue LLC, an affiliate of the other defendants, to support the claims for injunctive and declaratory relief as against that defendant (see Weinreb v 37 Apts. Corp., 97 AD3d 54, 59 [1st Dept 2012]). Concur—Renwick, J.R, Manzanet-Daniels, Gische, Kahn and Singh, JJ.