Opinion
2012-11-8
James POLSKY, Plaintiff–Respondent, v. 145 HUDSON STREET ASSOCIATES, L.P., et al., Defendants–Appellants, Rogers Marvel Architects PLLC, et al., Defendants.
LePatner & Associates, New York (Henry H. Korn of counsel), for appellants. Mandel Bhandari LLP, New York (Rishi Bhandari of counsel), for respondent.
LePatner & Associates, New York (Henry H. Korn of counsel), for appellants. Mandel Bhandari LLP, New York (Rishi Bhandari of counsel), for respondent.
Order, Supreme Court, New York County (Lucy Billings, J.), entered March 1, 2012, which, to the extent appealed from, granted in part plaintiff's request for a preliminary conference, and denied in part defendant's motion to stay disclosure pending determination of the motions to dismiss plaintiff's complaint, unanimously affirmed, with costs.
Supreme Court providently exercised its discretion in lifting the stay of discovery imposed by operation of CPLR 3214(b) on the ground of the advanced age of defendants appellants' principal ( see Erbach Fin. Corp. v. Royal Bank of Canada, 199 A.D.2d 87, 87–88, 605 N.Y.S.2d 52 [1st Dept. 1993]; Matter of Menahem, 2005 N.Y. Misc. LEXIS 3830, *2 [Sur. Ct., Kings County, Dec. 14, 2005] ). Contrary to defendants' contention, it is not clear that the motions to dismiss will be granted.