CAP RENTS SUPPLY, LLC v. DURANTE

2016-11709. Index No. 3401/10.

167 A.D.3d 700 (2018)

91 N.Y.S.3d 110

2018 NY Slip Op 08458

Cap Rents Supply, LLC, Plaintiff/Counterclaim Defendant-Appellant, v. Steven Durante et al., Defendants/Counterclaim Plaintiffs-Respondents, et al., Defendant/Counterclaim Plaintiff. Frank Caporaso, Additional Counterclaim Defendant-Appellant.

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

Decided December 12, 2018.


Ordered that the order entered October 7, 2016, is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying that branch of the motion of the plaintiff/counterclaim defendant and the additional counterclaim defendant which was pursuant to CPLR 3126 to preclude the defendants/counterclaim plaintiffs Steven Durante and Croton Supply Corp. from introducing at trial evidence of certain invoices of the defendant/counterclaim plaintiff Croton...

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