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MERCHANTS PREFERRED INS. CO. v. CAMPBELL

792 CA 22-00245.

210 A.D.3d 1432 (2022)

178 N.Y.S.3d 850

2022 NY Slip Op 06370

Merchants Preferred Insurance Company, Appellant, v. Junior M. Campbell, Doing Business as JMC Quality Air, et al., Defendants, and Rose Charleus, Respondent.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO (BRIAN D. BARNAS OF COUNSEL, FOR PLAINTIFF-APPELLANT.

JAMES I. MYERS, PLLC, WILLIAMSVILLE (JAMES I. MYERS OF COUNSEL, FOR DEFENDANT-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered February 15, 2022. The order granted in part the motion of defendant Rose Charleus to compel the production of certain documents and, in effect, denied the cross motion of plaintiff for a protective order.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in its entirety and granting the cross motion, and as...

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