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MIZRACHI v. MIZRACHI

87 A.D.2d 837 (1982)

Mordechi Mizrachi, Respondent, et al., Plaintiff, v. Eliu Mizrachi, Defendant and Third-Party Plaintiff-Appellant. Paragon Paint & Varnish Corporation, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 12, 1982

Order dated January 20, 1981 affirmed insofar as appealed from, and order dated August 11, 1981 affirmed, without costs or disbursements.

The record fails to demonstrate that plaintiff Mordechi Mizrachi personally and deliberately withheld information as to injuries sustained in a subsequent accident at the time substituted counsel submitted the motion that resulted in the order dated January 20, 1981. In addition, said order predated the filing of a note of issue...

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