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TAJI COMMUNICATIONS, INC. v. BRONXVILLE TOWERS APARTMENTS CORP.

48 A.D.3d 551 (2008)

849 N.Y.S.2d 890

TAJI COMMUNICATIONS, INC., et al., Respondents, v. BRONXVILLE TOWERS APARTMENTS CORP. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided February 13, 2008.

Ordered that the order is reversed insofar as appealed from, on facts and in the exercise of discretion, with costs, and that branch of the motion which was pursuant to CPLR 3124 to compel the appellants to respond to certain discovery demands is denied.

The Supreme Court improvidently exercised its discretion by, in effect, granting that branch of the plaintiffs' motion which was pursuant to CPLR 3124 to compel the appellants to respond to certain discovery demands...

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