Order affirmed, insofar as appealed from, with costs.
Defendant asserts that the order should be reversed, insofar as appealed from, since plaintiff should have conducted an examination before trial to identify specific documents and then served a demand for discovery pursuant to CPLR 3120. Under the facts of this case, and in light of the claims made in plaintiff's second cause of action and defendant's third and fourth affirmative defenses, we reject defendant's...
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