EISNER v. CITY OF NEW YORK

Index No. 158484/17. Appeal No. 15108. Case No. 2020-03453.

201 A.D.3d 518 (2022)

157 N.Y.S.3d 357

2022 NY Slip Op 00270

Susan B. Eisner, Appellant, v. City of New York et al., Respondents.

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

Decided January 18, 2022.


Attorney(s) appearing for the Case

Hernstadt Atlas PLLC, Brooklyn ( Edward W. Hernstadt of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, JJ.


Supreme Court providently exercised its discretion in precluding plaintiff from seeking discovery duplicative of discovery had in a prior federal action, while permitting discovery, consistent with the parties' stipulation to rely on discovery from the federal action and, to the extent practicable, not to duplicate it (see Youwanes v Steinbrech, 193 A.D.3d 492, 492 [1st Dept 2021]; International Plaza Assoc., L.P. v Lacher...

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