Z.D. v. MP MANAGEMENT, LLC

3436N. 26043/14.

150 A.D.3d 550 (2017)

2017 NY Slip Op 04059

55 N.Y.S.3d 194

Z.D., an Infant, by Her Mother and Natural Guardian, ZAIMAH A., et al., Appellants, v. MP MANAGEMENT, LLC, et al., Respondents.

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

Decided May 23, 2017.


The motion court should not have limited defendants' production of records pertaining to lead-based paint exposure to the date of exposure and three years prior only in the subject apartments, namely, the apartment in which the infant plaintiff resided and the apartment, in a different building, where she attended day care. "While discovery determinations rest within the sound discretion of the trial court, the Appellate Division is vested with a corresponding power to substitute...

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