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CHAUDHARY v. GOLD

3527N, 401258/08, 3527NA.

83 A.D.3d 477 (2011)

921 N.Y.S.2d 219

MOHAMMED CHAUDHARY et al., Respondents, v. BRIAN D. GOLD SR. et al., Appellants.

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

Decided April 12, 2011.

Although "discovery determinations rest within the sound discretion of the trial court, the Appellate Division is vested with a corresponding power to substitute its own discretion for that of the trial court, even in the absence of abuse" (Andon v 302-304 Mott St. Assoc., 94 N.Y.2d 740, 745 [2000]). Here the motion court erred in denying defendants' motion to compel plaintiff to submit...

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