ROSENBAUM v. FESTINGER

2015-02207. Index No. 50373/13.

151 A.D.3d 897 (2017)

2017 NY Slip Op 04872

54 N.Y.S.3d 301

CHARNIE ROSENBAUM, Respondent, v. SAMUEL FESTINGER, Also Known as ROGER HESS and Others, Appellant.

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

Decided June 14, 2017.


Ordered that the order is affirmed, with costs.

The defendant's argument that the plaintiff's motion for a conditional order of preclusion based on his failure to comply with discovery demands should have been denied for the failure to file an affirmation of good faith is not properly before this Court because it was not raised in opposition to the motion (see Pepenella v Brumar Day Spa Corp., 143...

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