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SCHOLEM v. ACADIA REALTY LIMITED PARTNERSHIP

2014-10762, Index No. 43014/09.

144 A.D.3d 1012 (2016)

2016 NY Slip Op 07943

42 N.Y.S.3d 214

ROBERT D. SCHOLEM, Appellant, v. ACADIA REALTY LIMITED PARTNERSHIP, Respondent.

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

Decided November 23, 2016.

Ordered that the order dated August 7, 2014, is affirmed, with costs.

The plaintiff commenced this action against the defendant to recover damages for breach of contract. In an order dated January 9, 2013 (hereinafter the conditional order), the Supreme Court granted that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendant's answer for, among other things, failing to produce witnesses for deposition "unless the defendant produces...

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