Opinion
13431N Index No. 805366/16 Case No. 2020-04491
03-25-2021
Silberstein, Awad & Miklos, P.C., Garden City ( Joseph P. Awad of counsel), for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Steven C. Mandell of counsel), for respondents.
Silberstein, Awad & Miklos, P.C., Garden City ( Joseph P. Awad of counsel), for appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Steven C. Mandell of counsel), for respondents.
Renwick, J.P., Mazzarelli, Singh, González, JJ.
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about March 4, 2020, which, upon granting plaintiff's motion to reargue, reinstated his lost earnings claim but precluded the claim for years which tax returns are not produced to defendants, unanimously reversed, without costs, and the claim reinstated without limitation.
The underlying preclusion order should not have been issued sua sponte at a compliance conference, with no motion pending ( see Brown v. Montefiore Med. Ctr., 168 A.D.3d 488, 489, 92 N.Y.S.3d 217 [1st Dept. 2019] ). Accordingly, we vacate the preclusion order.