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KACHALSKY v. NESHEIWAT

2015-1479 W C. KACHALSKY v. NESHEIWAT — Appeal from an order of the City Court of Yonkers, Westchester County (Evan Inlaw, J.), entered May 4, 2015. The order, insofar as appealed from, denied the branches of plaintiff's motion seeking to dismiss defendant's affirmative defenses and to deem several of defendant's responses to the notice to admit as admissions, and granted the branch of plaintiff's motion seeking to compel proper responses to the demand for discovery and inspection only to the extent that defendant was to produce certain specified documents sought in the demand labeled #5.

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2015-1479 W C. KACHALSKY v. NESHEIWAT — Appeal from an order of the City Court of Yonkers, Westchester County (Evan Inlaw, J.), entered May 4, 2015. The order, insofar as appealed from, denied the branches of plaintiff’s motion seeking to dismiss defendant’s affirmative defenses and to deem several of defendant’s responses to the notice to admit as admissions, and granted the branch of plaintiff’s motion seeking to compel proper responses to the demand for discovery and inspection only to the extent that defendant was to produce certain specified documents sought in the demand labeled #5.

ORDERED that the order, insofar as appealed from, is modified by providing that the branch of plaintiff’s motion seeking to dismiss the sixth and tenth affirmative defenses is granted; as so modified, the order, insofar as appealed from, is affirmed, without costs.

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