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DABROWSKI v. ABAX INC.

Index No. 106778/07. Appeal No. 14545. Case No. 2020-04698.

199 A.D.3d 409 (2021)

153 N.Y.S.3d 864

2021 NY Slip Op 06035

Jerzy Dabrowski et al., Respondents, v. ABAX Incorporated et al., Appellants, et al., Defendants.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Milman Labuda Law Group PLLC, Lake Success ( Netanel Newberger of counsel), for ABAX Incorporated, appellant.

Bernard Kobroff , Scarsdale, for John Bleckman and Edward Monaco, appellants.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for respondents.

Concur—Mazzarelli, J.P., Shulman, Pitt, Higgitt, JJ.

In light of the unusual circumstances underlying this litigation, Supreme Court providently exercised its discretion in denying defendants' motion to vacate the note of issue while allowing discovery to continue (see WVH Hous. Dev. Fund Corp. v Brooklyn Insulation & Soundproofing, Inc., 193 A.D.3d 523, 523 [1st Dept 2021] ["A court, in its discretion, may allow post-note of issue discovery without vacating the note of...

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