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TOKAYER v. KOSHER SPORTS INC.

10675N. 157471/16.

178 A.D.3d 641 (2019)

112 N.Y.S.3d 501

2019 NY Slip Op 09395

Ira Daniel Tokayer, Respondent, v. Kosher Sports Inc. et al., Appellants.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

The Law Office of Jason J. Rebhun, P.C., New York ( Jason J. Rebhun of counsel), for appellants.

Stropheus Law LLC, New York ( Daniel M. Hartman of counsel), for respondent.

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

The court providently exercised its discretion in imposing the monetary sanction on defendants pursuant to 22 NYCRR 130-1.1 for failing to comply with the so-ordered stipulation requiring them to produce an affidavit of diligent search by March 30, 2018 (see Vandashield Ltd v Isaacson, 146 A.D.3d 552, 555-556 [1st Dept 2017]). The court had a reasonable basis to conclude that, regardless of the surrounding circumstances, defendants...

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