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NATHEL v. NATHEL

55 A.D.3d 434 (2008)

866 N.Y.S.2d 153

ANN MARIE NATHEL, Appellant, v. SHELDON NATHEL, Respondent.

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

October 23, 2008.

In light of plaintiff's two-year delay in seeking to take defendant's deposition and the imminence of trial, the referee did not improvidently exercise her discretion in limiting the scope and duration of defendant's deposition (CPLR 3103 [a]; Kingsgate Assoc. v Advest, Inc., 208 A.D.2d 356 [1994]).

The referee properly exercised her discretion in denying plaintiff's application to preclude defendant from introducing

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