Z.D., BY HER MOTHER AND NATURAL GUARDIAN ZAIMAH A. plf-ap, v. MP MANAGEMENT, LLC def-res

3436N. Z.D., BY HER MOTHER AND NATURAL GUARDIAN ZAIMAH A. plf-ap, v. MP MANAGEMENT, LLC def-res — Phillips & Paolicelli LLP, New York (Aryeh L. Taub of counsel), for ap — Babchik & Young, LLP, White Plains (William H. Gagas of counsel), for MP Management, LLC, Davidson Apartments, LLC and Moshe Pillar, res — Havkins Rosenfeld Ritzert & Varriale, LLP, White Plains (Carmen A. Nicolaou of counsel), for Parkash 2487, LLC and Ved Parkash, res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered February 1, 2016, which, to the extent appealed from as limited by the briefs, denied in part plaintiffs' motion to compel discovery, unanimously reversed, on the law and the facts, without costs, and defendants are directed to produce within 45 days all documents in their possession relating to the lead violations on record in all apartments in the subject buildings (2487 Davidson Avenue, Bronx, New York and 2501 Davidson Avenue, Bronx, New York) for three years prior to the date of exposure.

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3436N. Z.D., BY HER MOTHER AND NATURAL GUARDIAN ZAIMAH A. plf-ap, v. MP MANAGEMENT, LLC def-res — Phillips & Paolicelli LLP, New York (Aryeh L. Taub of counsel), for ap — Babchik & Young, LLP, White Plains (William H. Gagas of counsel), for MP Management, LLC, Davidson Apartments, LLC and Moshe Pillar, res — Havkins Rosenfeld Ritzert & Varriale, LLP, White Plains (Carmen A. Nicolaou of counsel), for Parkash 2487, LLC and Ved Parkash, res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered February 1, 2016, which, to the extent appealed from as limited by the briefs, denied in part plaintiffs’ motion to compel discovery, unanimously reversed, on the law and the facts, without costs, and defendants are directed to produce within 45 days all documents in their possession relating to the lead violations on record in all apartments in the subject buildings (2487 Davidson Avenue, Bronx, New York and 2501 Davidson Avenue, Bronx, New York) for three years prior to the date of exposure.

The motion court should not have limited defendants’ production of records pertaining to lead-based paint exposure to the date of exposure and three years prior only in the subject apartments, namely, the apartment in which the infant plaintiff resided and the apartment, in a different building, where she attended day care. “While discovery determinations rest within the sound discretion of the trial court, the Appellate Division is vested with a corresponding power to substitute its own discretion for that of the trial court, even in the absence of abuse” (Andon v. 302-304 Mott St. Assoc., 94 NY2d 740, 745 [2000]).

Z.D., BY HER MOTHER AND NATURAL GUARDIAN ZAIMAH A. plf-ap, v. MP MANAGEMENT, LLC def-res

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