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LINDSAY v. CG MAIDEN MEMBER, LLC

Index No. 159454/17. Appeal No. 16997. Case No. 2022-02878.

211 A.D.3d 638 (2022)

181 N.Y.S.3d 73

2022 NY Slip Op 07503

Nathaniel Lindsay, Respondent, v. CG Maiden Member, LLC, et al., Defendants, and Five Star Catering, L.L.C., Appellant.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Perry, Van Etten, Rozanski & Kutner, LLP, New York ( Kevin J. Brennan of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (John J. Kelley, J.), entered on or about June 2, 2022, which denied defendant Five Star Catering, LLC's motion to vacate the certificate of readiness for trial and the note of issue and to compel plaintiff to provide authorizations demanded before the filing of the note of issue, unanimously affirmed, without costs.

The motion court providently denied defendant's motion to compel authorizations for the records of pharmacies,...

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