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BERISHA v. TOSCA CAFÉ, INC.

Index No. 301469/08E. Appeal No. 15303-15304. Case Nos. 2020-03643, 2021-02850.

202 A.D.3d 531 (2022)

162 N.Y.S.3d 363

2022 NY Slip Op 00966

Frank Berisha, Respondent-Appellant, and Maria Berisha, Respondent, v. Tosca Café, Inc., Appellant-Respondent, and Tosca Coal Burning Oven, Inc., Respondent. Hasim "Eddie" Sujak, Nonparty Appellant; Albert Buzzetti & Associates et al., Nonparty Respondents.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Law Offices Bernard D'Orazio & Associates, P.C., New York ( Bernard D'Orazio of counsel), for Frank Berisha, appellant and Frank Berisha and Maria Berisha, respondents.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for Tosca Cafe Inc. and Hasim "Eddie" Sujak, appellants and Tosca CafÉ Inc. and Tosca Coal Burning Oven, Inc., respondents.

Kenneth J. Gorman, P.C., New York ( Kenneth J. Gorman of counsel), for Pollack Pollack, Isaac & DeCicco, LLP, respondent.

Albert Buzzetti & Associates, LLC, New York ( Albert Buzzetti of counsel), for Albert Buzzetti & Associates, LLC, respondent.

Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

Order, same court (Andrew Cohen, J.), entered July 15, 2021, which, insofar as appealed from as limited by the briefs, denied plaintiff' Frank Berisha's motion for an extension of time to file an amended petition and to compel compliance with the information subpoenas, and granted nonparty 4042 East Tremont Café Corp.'s motion for a protective order to the extent of barring plaintiff from using any documents received as a result of Chase Bank subpoenas and ordering that...

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