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DEMURJIAN v. DEMURJIAN

154345/15-1540.

184 A.D.3d 505 (2020)

124 N.Y.S.3d 176

2020 NY Slip Op 03479

David Demurjian et al., Appellants, v. Michael Demurjian et al., Appellants, 187 Street Mazal Manager LLC, Respondent/Cross-Claim Plaintiff-Respondent. 661 West 187 Street LLC, Cross-Claim Defendant-Appellant.

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

Decided June 18, 2020.

The motion court providently deemed the appealing parties' objections waived under CPLR 3122 as a result of their failure to respond timely to Mazal's demands for production (see Haller v North Riverside Partners, 189 A.D.2d 615, 616 [1st Dept 1993]). We modify, however, with respect to Mazal's demands for the appealing parties' tax returns, as objections to "palpably improper" demands are not waived (id. [internal quotation...

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