Gould v. OTG Mgt., LLC

160 N.Y.S.3d 606, 203 A.D.3d 427, 2022 NY Slip Op 01386

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 3, 2022
• Docket: Index No. 150293/20 Appeal No. 15424 Case No. 2021-04061
• Status: Published

Opinion

Gould v OTG Mgt., LLC (2022 NY Slip Op 01386)

Gould v OTG Mgt., LLC

2022 NY Slip Op 01386

Decided on March 03, 2022

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: March 03, 2022
Before: Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

Index No. 150293/20 Appeal No. 15424 Case No. 2021-04061

[*1]Sheila Gould, Plaintiff-Respondent,

v

OTG Mgt., LLC, et al., Defendants-Appellants.

Eustace, Prezioso & Yapchanyk, New York (Maureen E. Peknic of counsel), for appellants.

Robert D. Gould, P.C., Denver (Robert D. Gould of counsel), for respondent.

Order, Supreme Court, New York County (James D'Auguste, J.), entered on or about October 12, 2021, which granted plaintiff's request to compel the deposition of defendant Eric Blatstein and denied defendants' motion for summary judgment dismissing the complaint as against Blatstein with leave to renew upon the completion of discovery, unanimously affirmed, without costs.

Defendants failed to establish prima facie entitlement to summary judgment, since they did not include an affidavit setting forth the relevant facts in support of their

motion as required byCPLR 3212(b). Further, we find no basis to disturb the court's order directing that Blatstein be produced for a deposition (see e.g. 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co., 62 AD3d 486, 487 [1st Dept 2009]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: March 3, 2022