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THEODOLI v. 170 E. 77TH 1 LLC

Nos. 602452/2007, Motion Seq. No. 002.

24 Misc.3d 1103 (2009)

883 N.Y.S.2d 686

AGNESE INES THEODOLI et al., Plaintiffs, v. 170 EAST 77TH 1 LLC et al., Defendants.

Supreme Court, New York County.

April 13, 2009.

Attorney(s) appearing for the Case

Pryor Cashman LLP, New York City (Eric D. Sherman of counsel), for plaintiffs.

Gartner & Bloom, P.C., New York City (Arthur P. Xanthos of counsel), for 170 East 77th 1 LLC and others, defendants.

Law Office of Margaret G. Klein & Associates, New York City (Eugene Guarneri of counsel), for Diamond Realty Corporation and another, defendants.

OPINION OF THE COURT

DORIS LING-COHAN, J.

In this motion to compel, plaintiffs have raised a novel issue as to whether a party is required to disclose all documents it intends "to introduce or rely upon at trial," prior to trial.

Background

Plaintiffs were tenants in apartment 10D (premises) at 170 East 77th Street, New York, New York (the building), from January 2004 through October 2007. On or about July 2007, plaintiffs commenced this...

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