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GOULD v. OTG MGT., LLC

150293/20. Appeal No. 15424. Case No. 2021-04061.

203 A.D.3d 427 (2022)

160 N.Y.S.3d 606

2022 NY Slip Op 01386

Sheila Gould, Respondent, v. OTG Management, LLC, et al., Appellants.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Eustace, Prezioso & Yapchanyk, New York ( Maureen E. Peknic of counsel), for appellants.

Robert D. Gould, P.C., Denver ( Robert D. Gould of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

Defendants failed to establish prima facie entitlement to summary judgment, since they did not include an affidavit setting forth the relevant facts in support of their motion as required by CPLR 3212(b). Further, we find no basis to disturb the court's order directing that Blatstein be produced for a deposition (see e.g. 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co., 62 A.D.3d 486, 487 [1st...

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