DERFNER MANAGEMENT, INC. v. LENHILL REALTY CORP.

6224, 650060/11.

90 A.D.3d 434 (2011)

933 N.Y.S.2d 671

2011 NY Slip Op 8800

DERFNER MANAGEMENT, INC., Respondent, v. LENHILL REALTY CORP. et al., Appellants.

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

Decided December 6, 2011.


On appeal, defendants argue that the motion court abused its discretion in limiting discovery to a seven year period measured from the allegations in the complaint. Defendants contend that the statute of limitations was an inappropriate tool to limit discovery because of plaintiff's status as a fiduciary, with a duty to account. Defendants also argue that the pre-2004 records are a part of, and shed light on, the self-dealing carried out by plaintiff within the statutory...

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