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HARTHEIMER v. CLIPPER

288 A.D.2d 263 (2001)

732 N.Y.S.2d 866

MICHAEL HARTHEIMER et al., Appellants, v. LINDA CLIPPER et al., Respondents.

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

Decided November 13, 2001.

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

The Supreme Court improperly exercised its discretion in granting the motion of the defendant Linda Clipper for a protective order. Clipper failed to make an appropriate factual showing of "unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice" (CPLR 3103 [a]; see, Willis v Cassia, 255 A.D.2d 800

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