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9th St. Estates v. Rohatycka

Supreme Court, Appellate Term, First Department
Aug 18, 1994
162 Misc. 2d 502 (N.Y. App. Term 1994)

Opinion

August 18, 1994

Appeal from the Civil Court of the City of New York, New York County, Richard F. Braun, J.

James Briscoe West, New York City, for appellant.

Benjamin R. Kaplan, New York City, for respondents.


Orders dated February 28, 1994, modified to the extent of granting landlord's cross motion for preclusion pursuant to CPLR 3126 unless respondent appears at a rescheduled examination within 30 days after service of a copy of this order with notice of entry; as modified, orders affirmed, without costs.

The lower court has carefully framed a solution to the parties' difficulty in completing respondent's deposition. There being neither clear error nor an abuse of discretion below, we can find no reason to depart from the long-standing policy of appellate courts against micromanaging disclosure. Respondent remains directed under the previous order of this court (9th St. Estates v Rohatynska, NYLJ, Nov. 18, 1993, at 30, col 1) to appear at a rescheduled examination or landlord's motion to preclude shall be granted.

PARNESS, J.P., McCOOE and GLEN, JJ., concur.


Summaries of

9th St. Estates v. Rohatycka

Supreme Court, Appellate Term, First Department
Aug 18, 1994
162 Misc. 2d 502 (N.Y. App. Term 1994)
Case details for

9th St. Estates v. Rohatycka

Case Details

Full title:9TH STREET ESTATES, INC., Appellant, v. STEFANIA ROHATYCKA, Also Known as…

Court:Supreme Court, Appellate Term, First Department

Date published: Aug 18, 1994

Citations

162 Misc. 2d 502 (N.Y. App. Term 1994)
619 N.Y.S.2d 487

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