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MOHEL v. GAVRIEL PLAZA, INC.

13696N, 302094/10

123 A.D.3d 464 (2014)

998 N.Y.S.2d 337

2014 NY Slip Op 08508

SANFORD MOHEL, Respondent, v. GAVRIEL PLAZA, INC., et al., Defendants, and HIGHLAND BUILDERS GROUP, LLC, Appellant. (And a Third-Party Action.).

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

Decided December 4, 2014.

The record supports the motion court's conditional order striking Highland's answer if it did not comply with the stated conditions, given Highland's repeated failure to properly respond to plaintiff's notice for discovery and inspection, and its failure to produce its sole member for deposition in New York (see Arts4All, Ltd. v Hancock, 54 A.D.3d 286 [1st Dept 2008], affd 12 N.Y.3d 846...

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