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TEAM MKTG. USA, CORP. v. ENERGY BRANDS, INC.

07-3242

2010 NY Slip Op 20533

TEAM MARKETING USA, CORP., Plaintiff, v. ENERGY BRANDS, INC. AND THE SPARK AGENCY, INC., Defendants.

Supreme Court, Ulster County.

Decided November 16, 2010.

Attorney(s) appearing for the Case

Richard S. Sklarin, Esq. , of counsel, Miranda Sambursky Slone Sklarin Verveniotis LLP, 570 Taxter Road, Suite 561, Elmsford, New York 10523, Attorneys For Plaintiff/Counterclaim Defendant Team Marketing.

Spark Carl W. Oberdier, Esq. , of counsel, Schiff Hardin LLP, 900 Third Avenue, New York, New York 10022, Attorneys For Defendant/Counterclaim Plaintiff.

HENRY F. ZWACK, J.

In this breach of contract case, plaintiff moves to compel production of prior e-mail discovery responses from defendant Spark in native format. Defendant Spark opposes the motion.

First, the Court notes that the discovery demands that requested the e-mails are not included in plaintiff's motion as an exhibit. Plaintiff argues that the CPLR requires production of the e-mails as they are kept in the regular course of business, which in the...

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