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KNICKERBOCKER VIL., INC. v. LEXINGTON INS. CO.

10637. 653665/15.

178 A.D.3d 607 (2019)

112 N.Y.S.3d 506

2019 NY Slip Op 09360

Knickerbocker Village, Inc., Appellant, v. Lexington Insurance Company et al., Respondents.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Weg & Myers, P.C., New York ( Joshua L. Mallin of counsel), for appellant.

Fleischner Potash LLP, New York ( Gil M. Coogler of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Singh, González, JJ.

The court properly denied plaintiff's request to compel disclosure of information about defendants' handling of its other insureds' losses resulting from Superstorm Sandy. The requested discovery is not material and necessary to the prosecution of the claims in this action (see CPLR 3101[a]; Gray v Tri-State Consumer Ins. Co., 157 A.D.3d 938, 940-941 [2d Dept 2018]; Diaz v City of New York, 140 A.D...

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