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A.E.C. CONSULTING & EXPEDITING, INC. v. VELLA

10076, 650705/15, 10075.

176 A.D.3d 496 (2019)

111 N.Y.S.3d 1

2019 NY Slip Op 07362

A.E.C. Consulting & Expediting, Inc., Now Known as A.E.C. Consulting & Equity Inc., Also Known as Mohamed Azadi & Ronny A. Livian, Respondent, v. Zachary Vella, Appellant, et al., Defendants. A.E.C. Consulting & Expediting, Inc., Now Known as A.E.C. Consulting & Equity Inc., Also Known as Mohamed Azadi & Ronny A. Livian, Respondent, v. 949 Park Development, LLC, et al., Appellants, et al., Defendant.

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

Decided October 15, 2019.

Attorney(s) appearing for the Case

Steven Landy & Associates, PLLC, New York ( David A. Wolf of counsel), of counsel), for appellants.

Sullivan PC, New York ( Peter Sullivan of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

The record supports the court's conclusion that defendants failed to produce available documents relevant to a determination of whether 949 Park earned a profit and made a distribution to its members. Defendants also failed to identify the specific documents that were destroyed in the flood and to show that they had made a reasonable search for the records requested by plaintiff. The court providently exercised its discretion in relieving plaintiff of the obligation to provide...

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