EVERETT v. EQUINOX HOLDINGS, INC.

160635/19, Appeal No. 2039-2040, Case Nos. 2023-04045, 2023-04066.

2024 NY Slip Op 02276

DAVI EVERETT, Appellant, v. EQUINOX HOLDINGS, INC., Respondent.

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

Decided April 30, 2024.


Attorney(s) appearing for the Case

Hach & Rose, LLP, New York ( Jason Levine of counsel), for appellant.

LaRocca Hornik Rosen & Greenberg LLP, New York ( John L. Garcia of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.


Order, Supreme Court, New York County (Paul A. Goetz, J.), entered January 27, 2023, which granted defendant's motion to quash a subpoena plaintiff served on a nonparty witness after the note of issue was filed, suppress the witness statement obtained during the statutory discovery stay, preclude the witness from testifying at trial, and for an award of sanctions against plaintiff in the form of reasonable attorneys' fees to be recovered from plaintiff's attorney, and order...

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