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TUTOR PERINI CORP. v. ERY TENANT LLC

Index No. 657351/19. Appeal No. 16760. Case No. 2022-00622.

210 A.D.3d 611 (2022)

176 N.Y.S.3d 916

2022 NY Slip Op 06776

Tutor Perini Corporation, Respondent, v. Ery Tenant LLC, Defendant. Long Island Rail Road, Nonparty Appellant.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Gregory F. Laufer of counsel), for appellant.

Sheppard Mullin Richter & Hampton LLP, New York ( Emily D. Anderson , of counsel), for respondent.

Concur— Acosta, P.J., Kern, Singh, Scarpulla, Pitt, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about January 20, 2022, which granted plaintiff Tutor Perini Corporation's motion to compel nonparty Long Island Rail Road to comply with subpoenas, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in granting Tutor Perini's motion, as a central issue in the litigation between Tutor Perini and defendant ERY Tenant LLC is

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