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NIEBORAK v. W54-7 LLC

10516N. 157084/14.

178 A.D.3d 469 (2019)

111 N.Y.S.3d 532

2019 NY Slip Op 08788

Stefan Nieborak, et al., Respondents, v. W54-7 LLC, Appellant.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Hertz Cherson & Rosenthal, P.C., Forest Hills (Jeffrey M. Steinitz of counsel), for appellant.

Rozen Law Group, New York (Jennifer A. Rozen of counsel), for respondents.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

Defendant failed to explain why the voluminous documents that it concedes were in its possession at the time plaintiffs made their motion, and were "recovered" before the motion was decided, were not submitted with its original opposition papers (CPLR 2221[e][3]; Gordon v 476 Broadway Realty Corp., 161 A.D.3d 417, 418 [1st Dept 2018], lv dismissed 32 N.Y.3d 1078 [2018]).

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