O'BERRY v. GELCO CORP.

15224N, 300936/12

128 A.D.3d 597 (2015)

10 N.Y.S.3d 68

2015 NY Slip Op 04422

IFE-MARILYN O'BERRY, Respondent, v. GELCO CORP. et al., Appellants.

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

Decided May 26, 2015.


Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 22, 2014, which, to the extent appealed from, denied defendants' motion to vacate the note of issue and compel certain discovery, unanimously affirmed, without costs.

The denial of defendants' motion to compel the deposition testimony of defendant Abdou, thereby effectively precluding him from testifying at trial, was a provident exercise of the motion court's discretion. Defendants failed...

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