Kent Realty, LLC v. Danica Group, LLC

In two related actions, inter alia, to recover damages for use and occupancy of real property, which were joined for trial, Danica Group, LLC, the defendant in action No. 1 and the plaintiff in action No. 2, appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated March 22, 2012, which denied its motion to vacate the note of issue in each action and to compel the deposition of a nonparty witness.

Ordered that the order is reversed, on the law, with costs, and the motion of Danica Group, LLC, to vacate the note of issue in each action and to compel the deposition of a…