THOSE CERTAIN UNDERWRITERS AT LLOYDS v. OCCIDENTAL GEMS, INC.


11 N.Y.3d 843 (2008)

2008 NY Slip Op 09248

THOSE CERTAIN UNDERWRITERS AT LLOYDS, LONDON, et al., Appellants, v. OCCIDENTAL GEMS, INC., Respondent, and INTERINGS, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 24, 2008.


Attorney(s) appearing for the Case

Abrams, Gorelick, Friedman & Jacobson, P.C., New York City (Daniel J. Friedman and Gabrielle H. Puchalsky of counsel), for Those Certain Underwriters at Lloyds, London and another, appellants.

K&L Gates LLP, New York City (Michael R. Gordon and Elizabeth M. Harris of counsel), for Interings, Inc. and others, appellants.

Mound Cotton Wollan & Greengrass, New York City (Daniel Markewich of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge KAYE taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

We are called upon to determine whether the Appellate Division correctly affirmed Supreme Court's order denying plaintiffs' motion to confirm a special referee's report which recommended that defendant Occidental Gems, Inc. (Occidental) be compelled to produce (1) Vijay Mehta, a resident of...

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