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NAGEL v. GRAYSON

24 Misc.3d 476 (2009)

877 N.Y.S.2d 666

ALAN NAGEL et al., Petitioners, v. KENNETH GRAYSON et al., Respondents.

Civil Court of the City of New York, New York County.

Decided March 27, 2009.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Nativ Winiarsky of counsel), for petitioners.

Sperber, Denenberg & Kahan, P.C., New York City (Steven Sperber of counsel), for respondents.

OPINION OF THE COURT

JOSEPH E. CAPELLA, J.

By notice of cross motion dated January 15, 2009, the respondent seeks dismissal of the instant summary holdover proceeding, suppression/preclusion of certain examination before trial (EBT) transcripts (CPLR 3103 [c]), and sanctions (22 NYCRR 130-1.1), due to the petitioners' counsel engaging in allegedly improper discovery. This summary proceeding is based upon the petitioners...

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