Legal Opinion

H.R. Prince, Inc. v. Elite Environmental System, Inc.

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

Decided June 19, 2013Published

1Opinion of the Court

In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated December 7, 2011, as denied that branch of their motion which was to compel the plaintiff to provide unredacted phone records, and granted that branch of the plaintiff’s cross motion which was pursuant to CPLR 3126 to preclude the defendants from presenting certain evidence at trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although CPLR 3101 (a) is to be construed liberally so…

2Cases cited20 opinions

Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
Kihl v. PfefferNew York Court of Appeals · 1999
Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
Palermo Mason Construction, Inc. v. Aark Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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