Gould v OTG Mgt., LLC, 2022 NY Slip Op 01386 [203 AD3d 427]

March 3, 2022

Appellate Division, First Department

[*1]

Sheila Gould, Respondent,

v

OTG Management, LLC, et al., Appellants.

Eustace, Prezioso & Yapchanyk, New York (Maureen E. Peknic of counsel), for appellants.

Robert D. Gould, P.C., Denver (Robert D. Gould of counsel), for respondent.

Order, Supreme Court, New York County (James D’Auguste, J.), entered on or about October 12, 2021, which granted plaintiff’s request to compel the deposition of defendant Eric Blatstein and denied defendants’ motion for summary judgment dismissing the complaint as against Blatstein with leave to renew upon the completion of discovery, unanimously affirmed, without costs.

Defendants failed to establish prima facie entitlement to summary judgment, since they did not include an affidavit setting forth the relevant facts in support of their motion as required by CPLR 3212 (b). Further, we find no basis to disturb the court’s order directing that Blatstein be produced for a deposition ( see e.g. 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co. , 62 AD3d 486 , 487 [1st Dept 2009]). Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ..