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NEW GPC INC. v. KAIETEUR NEWSPAPER INC.

13992N, 155301/12.

124 A.D.3d 437 (2015)

NEW GPC INC., Appellant, v. KAIETEUR NEWSPAPER INC., Respondent.

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

Decided January 8, 2015.

Plaintiff failed to show that the editor of a "sister" newspaper of defendant, which has no common ownership, but which appears to dictate content for defendant paper, is under the control of defendant so as to require defendant to produce him (compare Pegasus Aviation I, Inc. v Varig Logistica S.A., 118 A.D.3d 428, 430-431 [1st Dept 2014]). Nevertheless, as recognized by the motion court, plaintiff may seek the editor's deposition...

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