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HSBC Bank Nev., N.A. v. Jaroslawicz

Appellate Term of the Supreme Court of New York, First Department
Apr 21, 2011
2011 N.Y. Slip Op. 50709 (N.Y. App. Term 2011)

Opinion

570274/10.

Decided April 21, 2011.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter J. Moulton, J.), dated November 12, 2009, which conditionally granted defendant's motion to strike the complaint for noncompliance with certain disclosure obligations.

Order (Peter J. Moulton, J.), dated November 12, 2009, affirmed, with $10 costs.

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ.


In the absence of a showing that the discovery requests were overbroad or unduly burdensome, plaintiff failed to satisfy its burden of demonstrating that defendant's discovery demands were improper ( see Sage Realty Corp. v Proskauer Rose, 251 AD2d 35, 40; Roman Catholic Church of Good Shepherd v Tempco Sys., 202 AD2d 257, 258). Nor was it shown that the documents sought were privileged ( see Anonymous v High School for Envtl. Studies, 32 AD3d 353, 359; Brooklyn Union Gas Co. v American Home Assur. Co., 23 AD3d 190, 190-191).

We have reviewed plaintiff's remaining claims and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

HSBC Bank Nev., N.A. v. Jaroslawicz

Appellate Term of the Supreme Court of New York, First Department
Apr 21, 2011
2011 N.Y. Slip Op. 50709 (N.Y. App. Term 2011)
Case details for

HSBC Bank Nev., N.A. v. Jaroslawicz

Case Details

Full title:HSBC BANK NEVADA, N.A., Plaintiff-Appellant, v. DAVID JAROSLAWICZ…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Apr 21, 2011

Citations

2011 N.Y. Slip Op. 50709 (N.Y. App. Term 2011)