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GIBBS v. KINGS HARBOR HEALTH SERVS., LLC

Index No. 23705/15. Appeal No. 12943N-12943NA. Case Nos. 2019-2978, 2019-04038.

190 A.D.3d 586 (2021)

140 N.Y.S.3d 501

2021 NY Slip Op 00369

Mary Gibbs, Individually and as Administrator of the Estate of Henry Gibbs, Deceased, et al., Respondents, v. Kings Harbor Health Services, LLC, Doing Business as Kings Harbor Multicare Center, Appellant.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Seth M. Weinberg of counsel), for appellant.

Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains ( Jeremiah Frei-Pearson of counsel), for respondents.

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

The court providently exercised its discretion in directing defendant to comply with plaintiffs' pre-class certification document request, which was not overbroad or unduly burdensome (see Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403 [1968]). However, to the extent the requests seek both electronic and paper records, defendant need not produce both if the records are identical.

The document request is properly directed...

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