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GENDELL v. 42 W. 17TH ST. HOUS. CORP.

Index No. 158100/15. Appeal No. 15086. Case No. 2020-02419.

201 A.D.3d 520 (2022)

157 N.Y.S.3d 365

2022 NY Slip Op 00272

Yfat Gendell et al., Appellants-Respondents, v. 42 W. 17th St. Housing Corp. et al., Respondents-Appellants.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for appellants-respondents.

Gartner & Bloom, P.C., New York ( Alexander D. Fisher of counsel), for respondents-appellants.

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

It was an improvident exercise of discretion for the court to issue a protective order under CPLR 3103(a) barring a continuation of the deposition of nonparty Ruth Miller. Miller is the majority shareholder of the Coop, and therefore is a key figure in the events surrounding plaintiffs' negligence and breach of contract claims regarding leaks in plaintiffs' units. Moreover, Miller was a member of the Board during a period of time when decisions were made about building maintenance...

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