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U.S. BANK N.A. v. SIROTA

2018-14358. Index No. 711687/15.

189 A.D.3d 927 (2020)

138 N.Y.S.3d 160

2020 NY Slip Op 07244

U.S. Bank National Association, Respondent, v. Howard Sirota et al., Appellants, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York, NY ( Brian D. Graifman of counsel), for appellant Howard Sirota.

Law Offices of Cahn & Cahn, P.C., Melville, NY ( Daniel K. Cahn of counsel), for appellant Rochelle Sirota.

Berkman Henoch Peterson Peddy & Fenchel, P.C., Garden City, NY ( James Durso , Bruce Berkman , and Martin E. Valk of counsel), for respondent.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.

Ordered that the order is modified, on the facts and in the exercise of discretion, (1) by deleting the provision thereof denying those branches of the separate motions of the defendants Rochelle Sirota and Howard Sirota which were pursuant to CPLR 3126 for the imposition of sanctions against the plaintiff for discovery violations, and substituting therefor a provision granting those branches of the motions to the extent of directing the plaintiff to produce in the Supreme...

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