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BERSIN PROPERTIES, LLC v. NOMURA CREDIT & CAPITAL, INC.

10630N. 452630/14. 650276/15.

178 A.D.3d 449 (2019)

111 N.Y.S.3d 178

2019 NY Slip Op 08641

Bersin Properties, LLC, Appellant, v. Nomura Credit & Capital, Inc., et al., Respondents. NCCMI, Inc., Respondent, v. Bersin Properties, LLC, et al., Appellants.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Selendy & Gay PLLC, New York ( Yelena Konanova of counsel), for appellants.

Greenberg Traurig, LLP, New York ( Richard A. Edlin of counsel), for respondents.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

Supreme Court providently exercised its discretion in denying plaintiff's discovery requests (see Andon v 302-304 Mott St. Assoc., 94 N.Y.2d 740, 745 [2000]; Don Buchwald & Assoc. v Marber-Rich, 305 A.D.2d 338, 338 [1st Dept 2003] ["deference is afforded to the trial court's discretionary determinations regarding disclosure"]). Here, plaintiff sought discovery regarding defendant's motives...

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