ARKO MB LLC v. ROBERT W. O'NEEL, III

Nos. 7782, 601022/09.

95 A.D.3d 742 (2012)

946 N.Y.S.2d 54

2012 NY Slip Op 4107

ARKO MB LLC, Appellant, v. ROBERT W. O'NEEL, III, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.


Plaintiff failed to demonstrate with clear and convincing evidence that defendant had refused or willfully neglected to obey the subpoenas (see CPLR 5251; Gray v Giarrizzo, 47 A.D.3d 765, 766 [2008]; see generally Pereira v Pereira, 35 N.Y.2d 301, 308 [1974]). Although defendant's answers to plaintiff's questions in the deposition could have been more detailed, defendant

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