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OSTAD v. MAHFAR

Index No. 654287/20. Appeal No. 15322. Case No. 2021-03680.

202 A.D.3d 544 (2022)

159 N.Y.S.3d 663

2022 NY Slip Op 00973

Abraham Ostad, Appellant, v. Benhour Mahfar, Respondent.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

SDK Heiberger LLP, New York ( Jacqueline Handel-Harbour of counsel), for appellant.

Edward G. McCabe , Melville, for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

Denial of plaintiff's motion was a provident exercise of the motion court's discretion (see CPLR 5240; see also Alpert v Alpert, 151 A.D.3d 541 [1st Dept 2017]). On appeal, plaintiff offers no reason to question defendant's assertion that he has produced the responsive documents in his possession, and instead resorts to conclusory claims that defendant's position is not credible. He does not adequately address defendant's...

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