Shah v. RBC Capital Markets LLC

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 9, 2013, which, to the extent appealed from, denied plaintiff’s motion to compel defendant to respond to certain discovery requests, and order, same court (Joan M. Kenney, J.), entered June 17, 2013, which granted defendant’s motion to dismiss the complaint pursuant to CELR 3211, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiff’s motion to compel in the 2011 action. For one and a half years after the commencement of that action plaintiff failed to raise the…