THEODOLI v. 170 E. 77th 1 LLC

602452/2007

2009 NY Slip Op 29207

AGNESE INES THEODOLI & PHILIPS H. CLARKE, III v. 170 EAST 77TH 1 LLC, ET AL.,

Supreme Court of the State of New York, New York County.

Decided April 13, 2009.


Attorney(s) appearing for the Case

For plaintiffs Agnese Ines Theodoli and Phillips H. Clarke, III: Pryor Cashman LLP, Eric D. Sherman, Esq., New York, NY.

For defendants 170 East 77th 1 LLC, 170 East 77th 2 LLC, 170 East 77th 3 LLC, 170 East 77th 4 LLC, 170 East 77th 5 LLC, 170 East 77th 6 LLC, 170 East 77th Realty Group LLC and Dominion Property Group LLC: Gartner & Bloom, P.C., Arthur P. Xanthos, Esq., New York, NY.

For defendants Diamond Realty Corporation and William J. Diamond: Law Office of Margaret G. Klein & Associates, Eugene Guarneri, Esq., New York, NY.


DORIS LING-COHAN, J.

In this motion to compel, plaintiffs have raised a novel issue as to whether a party is required to disclose all documents it intends "to introduce or rely upon at trial", prior to trial.

Background

Plaintiffs were tenants in Apartment 10D ("premises") at 170 East 77th Street, New York, New York ("the building"), from January 2004 through October 2007. On or about July 2007, plaintiffs commenced this mold/personal injury action...

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