FUSCO v. MACE AVE. MED., P.C.

Index No. 31062/19. Appeal No. 16512. Case No. 2022-01152.

209 A.D.3d 561 (2022)

175 N.Y.S.3d 477

2022 NY Slip Op 05922

John Fusco, Respondent, v. Mace Avenue Medical, P.C., et al., Appellants.

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

Decided October 20, 2022.


Attorney(s) appearing for the Case

Dwyer & Taglia, Valhalla ( Peter R. Taglia , of counsel) for appellants.

Gersowitz Libo & Korek, P.C., New York ( Anthony Makarov , of counsel) for respondent.

Concur—Gische, J.P., Kern, Gesmer, Scarpulla, Rodriguez, JJ.


Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered March 4, 2022, which denied in part defendants' motion to compel discovery, unanimously modified, on the law, to direct that plaintiff produce copies of all emails, text messages or other communications between plaintiff and defendants, and otherwise affirmed, without costs.

Defendants were entitled to copies of their emails, correspondence, and texts in plaintiff's possession because they were discoverable...

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