DURING v. CITY OF NEW ROCHELLE


55 A.D.3d 533 (2008)

865 N.Y.S.2d 279

DENNIS C. DURING et al., Appellants, v. CITY OF NEW ROCHELLE, NEW YORK, Respondent.

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

October 7, 2008.


Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof sua sponte dismissing the complaint, and (2) by deleting the provision thereof denying those branches of the plaintiffs' motion which were to compel discovery of document requests 6, 7, 15, 16, and 21 and substituting therefor a provision granting those branches of the motion only to the extent that those document requests pertain to the calculation of the costs of administering...

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