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POLSKY v. 145 HUDSON ST. ASSOC., L.P.

8445, 107108/11.

100 A.D.3d 426 (2012)

952 N.Y.S.2d 890

JAMES POLSKY, Respondent, v. 145 HUDSON STREET ASSOCIATES, L.P., et al., Appellants, et al., Defendants.

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

November 8, 2012.

Supreme Court providently exercised its discretion in lifting the stay of discovery imposed by operation of CPLR 3214 (b) on the ground of the advanced age of defendants-appellants' principal (see Erbach Fin. Corp. v Royal Bank of Canada, 199 A.D.2d 87, 87-88 [1st Dept 1993]; Matter of Menahem, NYLJ, Dec. 14, 2005, 2005 NY Misc LEXIS 3830, *2 [Sur Ct, Kings County]). Contrary to defendants' contention, it is not clear that...

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