BENFELD v. FLEMING PROPERTIES, LLC


44 A.D.3d 599 (2007)

843 N.Y.S.2d 351

IGOR BENFELD et al., Plaintiffs, v. FLEMING PROPERTIES, LLC, Defendant, and IGOR FLEYSHMAKHER et al., Defendants and Third-Party Plaintiffs-Respondents. ROSTISLAV GALKIN et al., Third-Party Defendants-Appellants.

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

Decided October 2, 2007.


Ordered that the amended order is reversed insofar as appealed from, on the law and the facts, with costs, and that branch of the motion which was to vacate so much of the preliminary conference order dated November 1, 2006 as directed the appellants to produce their 2004 and 2005 income tax returns is granted.

The plaintiffs in the main action purchased a home on Staten Island. They contended that it was defectively constructed and on December 12, 2004 commenced...

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