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McMAHON v. COBBLESTONE LOFTS CONDOMINIUM

Index No. 151136/14. Appeal No. 12568. Case No. 2020-01442.

189 A.D.3d 484 (2020)

137 N.Y.S.3d 340

2020 NY Slip Op 07317

Shane McMahon et al., Respondents, v. The Cobblestone Lofts Condominium, Appellant, and Walter B. Melvin Architects, LLC, Respondent, et al., Defendants, et al., Cross Claim Defendants. (And Third-Party Actions.)

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Joseph A.H. McGovern of counsel), for appellant.

Gordon Law LLP, Katonah ( Michael R. Gordon of counsel), for Shane McMahon and Marissa McMahon, respondents.

Goldberg Segalla LLP, New York ( Jeffrey S. Matty of counsel), for Walter B. Melvin, Architects, LLC, respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

Cobblestone's argument that plaintiffs and WBMA failed to timely object to their discovery demands is unpreserved for review, as it was never raised before the IAS court (see ID Beauty S.A.S. v Coty Inc. Headquarters, 164 A.D.3d 1186, 1186 [1st Dept 2018]; see also Admiral Ins. Co. v Marriott Intl., Inc., 79 A.D.3d 572, 572 [1st Dept 2010], lv denied 17 N.Y.3d 708...

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