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MATTER OF DELGRANGE v. THE REALREAL, INC.

11335N.

182 A.D.3d 421 (2020)

122 N.Y.S.3d 285

2020 NY Slip Op 02170

In the Matter of Jessica Delgrange, Respondent, v. The RealReal, Inc., Appellant, et al., Respondent.

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

Decided April 2, 2020.

As a threshold matter, TRR's motion pursuant to CPLR 3103(a) is a proper vehicle for challenging the petition brought pursuant to CPLR 3102(c) (see e.g. Liberty Imports v Bourguet, 146 A.D.2d 535, 537 [1st Dept 1989]). CPLR 3102(c) merely provides a device for obtaining pre-action discovery, and CPLR 3103(a) is a means for obtaining "at any time" an order "denying, limiting, conditioning...

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