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RIVERSIDE CTR. SITE 5 OWNER LLC v. LEXINGTON INS. CO.

Index No. 650043/19, Appeal No. 1947, Case No. 2023-03596.

2024 NY Slip Op 01769

RIVERSIDE CENTER SITE 5 OWNER LLC, ET AL., Plaintiffs-Appellants, v. LEXINGTON INSURANCE COMPANY, ET AL., Defendants-Respondents.

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

Decided March 28, 2024.

Attorney(s) appearing for the Case

Weg and Myers, P.C., Rye Brook ( Joshua L. Mallin of counsel), for appellants.

Mound Cotton Wollan & Greengrass LLP, New York ( Philip C. Silverberg of counsel), for respondents.

Before: Manzanet-Daniels, J.P., Kapnick, González, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about July 18, 2023, which, to the extent appealed from, granted defendants' motion for discovery sanctions in accordance with CPLR 3126 to the extent of striking plaintiffs' note of issue and sanctioning plaintiffs by awarding defendants their past and future discovery costs, including reasonable attorneys' fees, unanimously modified, on the law, to remand this case for a determination of reasonable...

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