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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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Here, the plaintiff has failed to establish how discovery will uncover further evidence or material in the exclusive possession of the defendants, as is required under CPLR 3212 (f). (See Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 AD2d 489 [1st Dept 1997].) The plaintiff asserted only that photographs, documents and “other facts” relating to the renovation work are within the exclusive knowledge and control of the defendants and that she had no opportunity to conduct such discovery.