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GoSMILE, INC. v. LEVINE

11308N, 601148/09

112 A.D.3d 469 (2013)

977 N.Y.S.2d 206

2013 NY Slip Op 8215

GoSMILE, INC., Doing Business as Go SMILE, Formerly Known as GoSMILE CORPORATION, Appellant, v. JONATHAN B. LEVINE, Respondent. (And a Third-Party Action.)

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

Decided December 10, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 1, 2012, which denied plaintiff's motion, pursuant to CPLR 3104 (d), to reject the decision and order of the Special Referee, dated April 6, 2012, denying its motion to compel production of documents postdating January 28, 2009, unanimously affirmed, without costs.

Plaintiff's first demand for production of documents was dated May 4, 2009. In his...

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