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BOARD OF MGRS. OF THE 184 THOMPSON CONDOMINIUM v. B. GELLER RESTORATION, INC.

8422N. 184. 153466/13. 154401/13. 453015/15.

169 A.D.3d 516 (2019)

92 N.Y.S.3d 628

2019 NY Slip Op 01163

The Board of Managers of the 184 Thompson Condominium, Appellant, v. B. Geller Restoration, Inc., Respondent. (And Other Actions.)

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

Decided February 14, 2019.

The motion court did not abuse its discretion by denying plaintiff's motion (see Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]). The record establishes that a material item of discovery (i.e., the project file) was omitted from defendant's initial response to plaintiff's discovery demand. Defendant's omission does not establish that it...

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