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IACOVACCI v. BREVET HOLDINGS, LLC

Index No. 158735/16. Appeal Nos. 15337-15338-15339-15340, 2021-01050, 2021-01310, 2021-02492.

202 A.D.3d 570 (2022)

159 N.Y.S.3d 674

2022 NY Slip Op 01099

Paul Iacovacci, Respondent, v. Brevet Holdings, LLC, et al., Appellants. Brevet Holdings, LLC, et al., Counterclaim Plaintiffs-Appellants, v. Paul Iacovacci, Counterclaim Defendant-Respondent.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Reed Smith LLP, New York ( Louis M. Solomon of counsel), for appellants.

Cyrulnik Fattaruso LLP, New York ( Paul Fattaruso of counsel), for respondent.

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

The documents from other entities that were affiliated or provided fees and revenue to defendants were not outside the scope of discovery, where they have a "bearing on the controversy which will assist in the preparation for trial" (Anonymous v High School for Envtl. Studies, 32 A.D.3d 353, 358 [1st Dept 2006] [interpreting "material and necessary" language in CPLR 3101]).

While defendants could have raised the argument...

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