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KENT REALTY, LLC v. DANICA GROUP, LLC

2012-04377.

102 A.D.3d 927 (2013)

958 N.Y.S.2d 498

2013 NY Slip Op 460

KENT REALTY, LLC, Respondent, v. DANICA GROUP, LLC, Appellant. (Action No. 1.) DANICA GROUP, LLC, Appellant, v. KENT REALTY, LLC, Respondent. (Action No. 2.)

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

Decided January 30, 2013.

Ordered that the order is reversed, on the law, with costs, and the motion of Danica Group, LLC, to vacate the note of issue in each action and to compel the deposition of a nonparty witness is granted.

The Supreme Court should have granted the motion of Danica Group, LLC (hereinafter Danica), to vacate the note of issue in each action and to compel the deposition of a nonparty witness. Danica moved to vacate the notes of issue within the time prescribed for doing...

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