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FOX v. ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK

Westchester County Index No. 68497/19. 2021-03351.

202 A.D.3d 1061 (2022)

159 N.Y.S.3d 874

2022 NY Slip Op 01148

David B. Fox, Respondent, v. Roman Catholic Archdiocese of New York, Appellant, et al., Defendants.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale, NY (Frank Raia, Cheryl F. Korman, and Henry Mascia of counsel), for appellant.

Grant & Eisenhofer, P.A., New York, NY (Barbara J. Hart, Irene R. Lax, and Samantha L. Breitner of counsel), for respondent.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the motion of the defendant Roman Catholic Archdiocese of New York pursuant to CPLR 3103(a) for a protective order striking the plaintiff's first supplemental notice of discovery and inspection, dated August 21, 2020, and the plaintiff's first set of interrogatories, dated August 28, 2020, is granted in its entirety.

The plaintiff commenced this...

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