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VIDAL v. CITY OF NEW YORK

2018-09095. Index No. 12783/15.

199 A.D.3d 863 (2021)

157 N.Y.S.3d 519

2021 NY Slip Op 06210

Mercedes Vidal et al., Respondents, v. City of New York, Respondent, and Myrtle Avenue Business Improvement District, Appellant.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Michael C. Tromello , Melville, NY ( Stephen J. Donnelly of counsel), for appellant.

Robyn M. Brilliant, P.C., New York, NY ( Susan R. Nudelman of counsel), for plaintiffs-respondents.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Deborah A. Brenner and Susan Paulson of counsel of counsel), for defendant-respondent.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.

Ordered that the appeal from so much of the order as granted that branch of the plaintiffs' cross motion which was to compel the defendant City of New York to produce an employee for deposition is dismissed, as the defendant Myrtle Avenue Business Improvement District is not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it is further,

Ordered that the...

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