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SYLLMAN v. 67-25 DARTMOUTH ST. CORP.

238 A.D.2d 579 (1997)

657 N.Y.S.2d 964

Jonathan Syllman, Appellant, v. 67-25 Dartmouth Street Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 28, 1997

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is granted.

In January 1995 the plaintiff brought a motion to compel discovery in this action as a result of the defendant's failure to respond to requests for discovery and inspection. In June 1995 the defendant moved for summary judgment dismissing the complaint and the parties consented to mark the discovery motion...

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