Woods v. Daniella Realty Corp.
Cases that cite this one
3 later published cases cite this decision.
- Matias v. New Yorker Hotel Mgt. Co., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Glover v. Augustine (Appellate Division of the Supreme Court of New York 2007)
- Feldman v. New York State Bridge Authority (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered June 11, 2003, which, inter alia, granted plaintiffs motion for leave to conduct a post note of issue deposition of a nonparty witness, and order, same court and Justice, entered April 2, 2004, which denied the motion of defendant Daniella Realty Corp. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
The grant of plaintiffs motion to conduct a post note of issue deposition of a nonparty witness did not, under the circumstances, constitute an improvident exercise of the motion court’s broad discretion to supervise discovery-related matters (see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223 [2003]).
Given the numerous vagaries in the testimony of the moving defendant’s principal and the lack of documentation to support that defendant’s essential claim that it was an out-of-possession landlord without control over the subject premises, the motion for summary judgment was properly denied (see Kreimer v
Case-law data current through September 30, 2026. Source: CourtListener bulk data.