Legal Opinion

Ensign Bank v. Gerald Modell, Inc.

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

Decided July 10, 1990PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (William Davis, J.), entered December 26, 1989, which, inter alia, denied defendant’s motion for a protective order, unanimously affirmed, with costs and disbursements.

On appeal, defendant attempts to argue, for the first time, that plaintiff’s notice to produce "all items and collateral held by defendant under pawn tickets numbered 11039, 10183, 11040, 0186 and 10180”, is overbroad, burdensome and fails to specify the items sought to be inspected pursuant to CPLR 3120. While the court generally will not reach issues raised for the first time on appeal,…

2Cases cited2 opinions

  1. Stevens v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1986
  2. Blue Grass Partners v. Bruns, Nordeman, Rea & Co.Appellate Division of the Supreme Court of the State of New York · 1980

3Cited by3 opinions

  1. Mendelowitz v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  2. RKB Enterprises, Inc. v. Ernst & YoungAppellate Division of the Supreme Court of the State of New York · 1993
  3. Cvar v. Arthur Young & Co.Appellate Division of the Supreme Court of the State of New York · 1992

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