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GENDELL v. 42 W. 17TH ST. HOUS. CORP.

Index No. 158100/15. Appeal No. 15086. Case No. 2020-02419.

201 A.D.3d 520 (2022)

157 N.Y.S.3d 365

2022 NY Slip Op 00272

Yfat Gendell et al., Appellants-Respondents, v. 42 W. 17th St. Housing Corp. et al., Respondents-Appellants.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellants-respondents.

Gartner & Bloom, P.C., New York (Alexander D. Fisher of counsel), for respondents-appellants.

Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.

It was an improvident exercise of discretion for the court to issue a protective order under CPLR 3103(a) barring a continuation of the deposition of nonparty Ruth Miller. Miller is the majority shareholder of the Coop, and therefore is a key figure in the events surrounding plaintiffs' negligence and breach of contract claims regarding leaks in plaintiffs' units. Moreover, Miller was a member of the Board during a period of time when decisions were made about building maintenance...

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