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150 NASSAU ASSOC. LLC v. RC DOLNER LLC

7390, 601879/04.

96 A.D.3d 676 (2012)

948 N.Y.S.2d 40

2012 NY Slip Op 5242

150 NASSAU ASSOCIATES LLC, Appellant-Respondent, v. RC DOLNER LLC, Respondent-Appellant, and KENSINGTON-NASSAU, LLC, Appellant.

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

June 28, 2012.

On this record, where the only documents responsive to Nassau's document requests have been produced multiple times, the final time in a searchable PDF format, and where Nassau did not request documents in the "native" file format, read and written by Nassau's spreadsheet and accounting software, until its reply on its own motion to compel, it cannot be said that it was an abuse of the court's discretion to deny reproduction of...

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