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ORBCO ADVISORS LLC v. 400 FIFTH REALTY LLC

16303, 653825/13.

134 A.D.3d 448 (2015)

19 N.Y.S.3d 745

2015 NY Slip Op 08935

ORBCO ADVISORS LLC, Appellant, v. 400 FIFTH REALTY LLC et al., Respondents.

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

Decided December 3, 2015.

The court providently exercised its discretion by denying plaintiff's motion at this early stage of the litigation (see e.g. Dishi v Federal Ins. Co., 112 A.D.3d 484 [1st Dept 2013]). Plaintiff did not meet its "heavy burden" (id. at 484 [internal quotation marks omitted]) of showing that the testimony of the subject attorneys would be both necessary and prejudicial to defendants (see Ullmann-Schneider v Lacher & Lovell...

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