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STEWART v. MAKHANI

2588N, 151854/14.

146 A.D.3d 703 (2017)

2017 NY Slip Op 00577

46 N.Y.S.3d 556

RONALD C. STEWART, Appellant, v. JOSEPH MAKHANI et al., Respondents, et al., Defendants.

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

Decided January 31, 2017.

A court has broad discretion in supervising disclosure (see Matter of DataSafe Inc. v American Express, 2 A.D.3d 224, 225 [1st Dept 2003]). Nevertheless, the court had no basis for striking this case from the calendar as a sanction for the parties' failure to timely complete discovery. CPLR 3404 does not apply to pre-note of issue cases such as this case (see Johnson v Minskoff & Sons, 287 A.D.2d 233<...

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