Prokhorova v Kasimis (2013 NY Slip Op 01913)

Prokhorova v Kasimis

2013 NY Slip Op 01913 [104 AD3d 561]

March 21, 2013

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 24, 2013

Svetlana Prokhorova et al., Appellants,
v
Angeliki Kasimis et al., Defendants, and City of New York, Respondent.

—[*1]

Law Office of Jeffrey S. Schwartz, LLC, Mineola (Jeffrey S. Schwartz of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered September 26, 2011, which, inter alia, granted defendant the City's motion to deem it in compliance with a prior order, unanimously affirmed, without costs.

Having certified that discovery was complete, plaintiffs are barred from challenging the motion court's determination that the City fully complied with the March 24, 2011 order by producing two knowledgeable witnesses (see Bookazine Co. v J & A Bindery, 61 AD2d 919, 919 [1st Dept 1978]). Concur—Tom, J.P., Mazzarelli, Saxe, Moskowitz and Manzanet-Daniels, JJ.