Eisner v City of New York
2022 NY Slip Op 00270 [201 AD3d 518]
January 18, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2022


[*1]
 Susan B. Eisner, Appellant,
v
City of New York et al., Respondents.

Hernstadt Atlas PLLC, Brooklyn (Edward W. Hernstadt of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Jesse A. Townsend of counsel), for respondents.

Order, Supreme Court, New York County (Laurence L. Love, J.), entered July 1, 2020, which, insofar as appealed from as limited by the briefs, denied in part plaintiff's CPLR 3124 motion to compel discovery, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in precluding plaintiff from seeking discovery duplicative of discovery had in a prior federal action, while permitting discovery, consistent with the parties' stipulation to rely on discovery from the federal action and, to the extent practicable, not to duplicate it (see Youwanes v Steinbrech, 193 AD3d 492, 492 [1st Dept 2021]; International Plaza Assoc., L.P. v Lacher, 104 AD3d 578, 578 [1st Dept 2013]). Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, JJ.