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RESURGENCE ASSET MGT., LLC v. GIDUMAL

6387N 651737/12.

160 A.D.3d 590 (2018)

72 N.Y.S.3d 450

2018 NY Slip Op 02897

Resurgence Asset Management, LLC, Respondent, et al., Plaintiffs, v. Steve Gidumal, Appellant.

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

Decided April 26, 2018.

We agree with the motion court that, rather than demonstrating that plaintiff Resurgence Asset Management engaged in sanctionable conduct, such as a pattern of delay or failure to comply with discovery orders, defendant has raised credibility issues, the determination of which is for...

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