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SYLVESTER v. SANDERS

518 CA 23-00097.

218 A.D.3d 1325 (2023)

193 N.Y.S.3d 602

2023 NY Slip Op 04056

Avion Sylvester, Appellant, v. Kimani S. Sanders et al., Defendants, and City of Niagara Falls, Respondent.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

WILLIAM MATTAR, P.C., ROCHESTER ( MATTHEW J. KAISER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WALSH, ROBERTS & GRACE LLP, BUFFALO ( JOSEPH H. EMMINGER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered November 21, 2022. The order, insofar as appealed from, granted the motion of defendant City of Niagara Falls insofar as it sought an order of protection striking items numbered 1, 2, 3, 4 and 6 of plaintiff's second notice to produce.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion insofar as it sought...

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