Bennett v. Gordon

Plaintiffs’ argument that defendants’ appeal is defective because it relies heavily upon the complaint which was not submitted on the motion and is dehors the record, is unavailing. This Court may take judicial notice of the complaint in the case file (cf. Walker v City of New York, 46 AD3d 278, 282 [1st Dept 2007]; see Matter of Magid v Gabel, 25 AD2d 649 [1st Dept 1966]).

The trial court exercised its discretion in a provident manner in this discovery dispute. The court properly allowed defendants *540limited discovery as to a prior injury Lawrence Bennett suffered which damaged his right…