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SOUTH SHORE D'LITES, LLC v. FIRST CLASS PRODS. GROUP, LLC

4144N. 650827/12.

150 A.D.3d 626 (2017)

2017 NY Slip Op 04234

55 N.Y.S.3d 222

SOUTH SHORE D'LITES, LLC, et al., Appellants, v. FIRST CLASS PRODUCTS GROUP, LLC, et al., Respondents. GREENBAUM, ROWE, SMITH & DAVIS LLP, Nonparty Respondent.

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

Decided May 30, 2017.

The motion court improvidently exercised its discretion in denying the motion (Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]). As the record shows, on May 13, 2015, defendants signed a stipulation specifically agreeing to provide "the documents and materials requested in the February 26, 2015 and March 13, 2015 letters from Russell Morris to Christopher Ledoux." The March 13 letter...

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