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DENVER EMPLOYEES RETIREMENT PLAN v. JPMORGAN CHASE BANK, N.A.

6287N, 650320/10, 6287NA

91 A.D.3d 572 (2012)

937 N.Y.S.2d 218

2012 NY Slip Op 639

DENVER EMPLOYEES RETIREMENT PLAN, Respondent, v. JPMORGAN CHASE BANK, N.A., Appellant.

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

Decided January 31, 2012.

The motion court providently exercised its discretion by refusing to compel plaintiff to respond to an untimely document request for "All Documents Concerning investments by or for the benefit of [plaintiff], direct or indirect, in securities issued by Lehman" (see Kingsgate Assoc. v Advest, Inc., 208 A.D.2d 356, 357 [1994]). The circumstances presented herein do not warrant exercise of our own independent discretion to reverse this...

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