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WORLDVIEW ENTERTAINMENT HOLDINGS, INC. v. WOODROW

Index No. 159948/14. Appeal No. 15841-15841A. Case Nos. 2021-03262, 2021-03263.

204 A.D.3d 629 (2022)

168 N.Y.S.3d 19

2022 NY Slip Op 02891

Worldview Entertainment Holdings, Inc., et al., Respondents, v. Christopher Woodrow, Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Maria A. Cestone et al., Third-Party Defendants-Respondents.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Pinnisi & Anderson, Ithaca (Michael D. Pinnisi of counsel), for appellant.

Quinn McCabe LLP, New York (Simon Block, of counsel), for Worldview Entertainment Holdings Inc., Worldview Entertainment Holdings LLC, Roseland Ventures LLC and Molly Conners, respondents.

Schenck Price Smith & King LLP, New York (Ryder T. Ulon, of counsel), for Maria A. Cestone, respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

The motion court providently exercised its discretion in granting Cestone's and Conners's motions for a protective order precluding defendant from compelling them to answer document demands and interrogatories. The record shows that defendant never filed a third-party summons and complaint with the clerk of the court and never paid a separate index number fee, and he never served Conners with a third-party summons (see CPLR 1007; Rosenblum v 170 W. Vil. Assoc.,...

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