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BEHLJULHEVIC v. CITY OF NEW YORK

4286N. 161437/13.

151 A.D.3d 579 (2017)

2017 NY Slip Op 04912

54 N.Y.S.3d 285

ARMEN BEHLJULHEVIC, Respondent, v. CITY OF NEW YORK, Defendant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant.

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

Decided June 15, 2017.

In this discovery dispute, the court properly exercised its discretion in denying the motion to vacate. By stipulating at the October 20, 2015 compliance conference that all discovery was complete, Con Ed lost its entitlement to the information plaintiff stated in his April 6, 2015 response that he would provide under separate cover (see Stolowski v 234 E. 178th St. LLC, 104 A.D.3d 569

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