Opinion
13422-13422A & M-1122 Index No. 653412/14 Case No. 2020-01534 2020-01535
03-25-2021
Abrams Garfinkel Margolis & Bergson, LLP, New York ( Barry G. Margolis of counsel), for appellants. Johnson Gallagher LLC, New York ( Peter J. Gallagher of counsel), for respondents.
Abrams Garfinkel Margolis & Bergson, LLP, New York ( Barry G. Margolis of counsel), for appellants.
Johnson Gallagher LLC, New York ( Peter J. Gallagher of counsel), for respondents.
Renwick, J.P., Mazzarelli, Singh, Gonza´lez, JJ.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 17, 2020, which directed defendants Scott Dunlop, Dunlop Group and Ventana Ventures Inc. to produce to plaintiffs certain documents during discovery, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered February 11, 2020, which denied defendants’ motion for reargument, unanimously dismissed, without costs, as taken from a nonappealable paper. There is no basis to disturb Supreme Court's disclosure order. The court's ruling concerning 19 disputed documents was not an improvident exercise of discretion, and defendants were not precluded from making arguments concerning whether those documents should be produced ( see generally Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., 11 N.Y.3d 843, 845, 873 N.Y.S.2d 239, 901 N.E.2d 732 [2008] ).
Motion for stay, denied