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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Citation
Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Parent Document
Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Jurisdiction
New York (state)
Effective Date
2025-04-03

Other Sections in This Document (58)

Full Text

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We reject the owners' argument that they were not subject to a preclusion order. The January 19, 2022 order (Lewis J. Lubell, J.) states that as a result of the owners' failure to produce the records demanded by the tenants in discovery, "the Court finds the less severe sanction of preclusion to be appropriate." Contrary to the owners' claim, nothing suggests that the court did not consider their opposition papers. Rather, the court properly determined that because of their failure to produce relevant documents in discovery, they were unable to rebut the tenants' assertion with documentary evidence. In any event, as a substantive matter, the owners fail to identify what, if any, evidence produced in discovery would have raised a question of fact requiring trial.