LOUIS F. BURKE PC v. AEZAH

Index No. 654778/16. Appeal No. 12942N-12942NA. Case No. 2020-02060.

190 A.D.3d 582 (2021)

136 N.Y.S.3d 721

2021 NY Slip Op 00365

Louis F. Burke PC, Respondent, v. Ahmed Aezah et al., Appellants.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Joseph A. Altman, P.C., Bronx ( Joseph A. Altman of counsel), for appellants.

Winget, Spadafora & Schwartzberg, LLP, New York ( Anthony D. Green of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.


The motion court providently exercised its discretion in ordering the production of documents subsequent to the filing of the note of issue (see e.g. Cabrera v Abaev, 150 A.D.3d 588 [1st Dept 2017]). The motion court also providently exercised its discretion in imposing sanctions, which were merely conditional and triggered only upon defendants' failure to comply with prior court orders that defendants repeatedly

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