- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 29 2013 (Date Decided)
- Acosta, J.P., Saxe, DeGrasse, Richter, JJ.
7897-7898-7898A-7898B-7899. DEBEVOISE & PLIMPTON LLP, plf-res, v. CANDLEWOOD TIMBER GROUP LLC def-ap — DEBEVOISE & PLIMPTON LLP, plf-ap, v. CANDLEWOOD TIMBER GROUP LLC def-res — Clark, Gagliardi & Miller, PC, White Plains (Henry G. Miller of counsel), for Candlewood Timber Group LLC, appellant/res — Hoffman & Pollok LLP, New York (Thomas C. Moore of counsel), for Jeffrey M. Kossak, appellant/res — Roger J. Bernstein, New York, for Debevoise & Plimpton LLP, respondent/ ap — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered May 25, 2011, which, to the extent appealed from, granted plaintiff's motion for summary judgment dismissing defendants' legal malpractice counterclaim, and denied defendants' cross motion for summary judgment dismissing plaintiff's statute of limitations defense, unanimously affirmed, without costs. Orders, same court and Justice, entered November 16, 2011, which, insofar as appealed from as limited by the briefs, denied defendants' motion to compel plaintiff to produce nonparty Dietmar Prager for a deposition and nonparties Donald Donovan, Catherine Amirfar, and Dennis Hranitzky for additional depositions, denied defendants' third motion to compel discovery, and granted plaintiff's motion to strike defendants' fourth set of interrogatories and fifth notice for production of documents, unanimously affirmed, without costs. Order, same court and Justice, entered November 16, 2011, which denied defendants' motion to vacate plaintiff's note of issue and strike its certificate of readiness, unanimously modified, on the facts and in the exercise of discretion, to permit defendants to file a late jury demand pursuant to CPLR 4102(e), and otherwise affirmed, without costs. Order, same court and Justice, entered November 17, 2011, which denied plaintiff's second summary judgment motion, unanimously affirmed, without costs.