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IACOVACCI v. BREVET HOLDINGS, LLC

Index No. 158735/16. Appeal Nos. 15337-15338-15339-15340, 2021-01050, 2021-01310, 2021-02492.

202 A.D.3d 570 (2022)

159 N.Y.S.3d 674

2022 NY Slip Op 01099

Paul Iacovacci, Respondent, v. Brevet Holdings, LLC, et al., Appellants. Brevet Holdings, LLC, et al., Counterclaim Plaintiffs-Appellants, v. Paul Iacovacci, Counterclaim Defendant-Respondent.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Reed Smith LLP, New York (Louis M. Solomon of counsel), for appellants.

Cyrulnik Fattaruso LLP, New York (Paul Fattaruso of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.

The documents from other entities that were affiliated or provided fees and revenue to defendants were not outside the scope of discovery, where they have a "bearing on the controversy which will assist in the preparation for trial" (Anonymous v High School for Envtl. Studies, 32 A.D.3d 353, 358 [1st Dept 2006] [interpreting "material and necessary" language in CPLR 3101]).

While defendants could have raised the argument...

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