MARTINS v. 511 PROPERTIES, LLC

2198, 155308/14.

144 A.D.3d 496 (2016)

2016 NY Slip Op 07596

40 N.Y.S.3d 761

NUNO MARTINS, Respondent, v. 511 PROPERTIES, LLC, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 15, 2016.


The new facts offered by defendant provide a basis for renewal of plaintiff's motion for discovery sanctions (CPLR 2221 [e]). While defendant certainly should have been more attentive, the missing discovery was ultimately provided by November of 2015. Before that time, neither party had provided any discovery by as late as May 2015, defendant had substituted new counsel and defendant had some personnel changes within its own organization. Under these circumstances, while...

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