Legal Opinion

Derfner Management, Inc. v. Lenhill Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2011PublishedCited by 1 opinion

1Opinion of the Court

*435On appeal, defendants argue that the motion court abused its discretion in limiting discovery to a seven year period measured from the allegations in the complaint. Defendants contend that the statute of limitations was an inappropriate tool to limit discovery because of plaintiffs status as a fiduciary, with a duty to account. Defendants also argue that the pre-2004 records are a part of, and shed light on, the self-dealing carried out by plaintiff within the statutory period and, thus, are relevant to this action. However, defendants failed to establish that they could not, with reasonable…

2Cases cited4 opinions

  1. MATTER OF COHEN v. Cocoline Prods.New York Court of Appeals · 1955
  2. Bohrer v. International Banknote Co.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Lucas-Plaza Housing Development Corp. v. CoreyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Endervelt v. SladeAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. Kaye v. Merchant Factors Corp.Appellate Division of the Supreme Court of the State of New York · 2026

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