Tenzin Choephel v A/R Retail LLC

Tenzin Choephel v A/R Retail LLC
Motion No: M-7803
Slip Opinion No: 2019 NYSlipOp 84798(U)
Decided on November 26, 2019
Appellate Division, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



November 26, 2019

Tenzin Choephel,

Plaintiff-Respondent,

v

A/R Retail LLC,

Defendant-Respondent-Appellant, -and-

Thyssenkrupp Elevator Corporation,

Defendant-Appellant-Respondent.

- - - - - - - - - - - - - - - -

A/R Retail LLC,

Third-Party Plaintiff-Respondent-

Appellant,

v Index No. 595405/16

Whole Foods Market Group, Inc.,

Third-Party Defendant-Respondent.

Appeals and cross appeals having been taken to this Court by defendant-appellant-respondent Thyssenkrupp Elevator Corporation and defendant-third-party plaintiff A/R Retail, LLC from orders of the Supreme Court, New York County, entered on or about February 19, 2019, July 29, 2019, September 9, 2019, and October 3, 2019, respectively, And defendant-appellant-respondent Thyssenkrupp Elevator Corporation having moved to stay and/or vacate the order entered October 3, 2019, which, inter alia, confirmed the order of the JHO for the continued deposition a certain witness until completed and ordered that movant's answer be stricken unless the witness is produced, or, in the alternative, granting a protective order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the time for defendant-appellant-respondent Thyssenkrupp Elevator Corporation to respond to outstanding document discovery requests be and the same hereby is extended until 20 days from the date of entry hereof. The motion is otherwise denied, and the interim relief granted by the order of a Justice of this Court, dated October 4, 2019, is vacated.ENTERED: November 26, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman,Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-7803

Index No. 156398/15