GOTTFRIED v. MAIZEL

2009-00424

68 A.D.3d 1060 (2009)

2009 NY Slip Op 9619

890 N.Y.S.2d 352

DAVID GOTTFRIED, Appellant, v. BARRY MAIZEL, Respondent.

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

Decided December 22, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in only partially granting the plaintiff's motion to compel disclosure. The defendant could not be compelled to produce records, documents, or information that were not in his possession, or did not exist (see Argo v Queens Surface Corp., 58 A.D.3d 656

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