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AIKANAT v. SPRUCE ASSOC., L.P.

11358N.

182 A.D.3d 437 (2020)

123 N.Y.S.3d 8

2020 NY Slip Op 02188

Orhan Aikanat, Respondent, v. Spruce Assoc., L.P., et al., Appellants. (And a Third-Party Action and Other Actions.)

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

Decided April 2, 2020.

The court providently exercised its discretion in declining to vacate the note of issue or permit post-note of issue discovery in light of defendants' failure to seek the discovery at an earlier time (see generally Andon v 302-304 Mott St. Assoc., 94 N.Y.2d 740, 745 [2000]). Although defendants requested authorization to obtain plaintiff's tax returns in 2015, they took no action to enforce their request until after the note of issue...

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