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CRUZ v. KAMLIS DRESSES & SPORTSWEAR CO.

238 A.D.2d 103 (1997)

654 N.Y.S.2d 778

Nellie Cruz, Plaintiff, v. Kamlis Dresses & Sportswear Co. et al., Defendants, and Philip & Tony Ice Cream Co., Defendant and Third-Party Plaintiff-Respondent. Westover Realty, Third-Party Defendant-Appellant

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

April 1, 1997

Plaintiff Nellie Cruz brought this negligence action for injuries she sustained in a fall at premises owned by Westover Realty and leased to various commercial tenants, including defendant and third-party plaintiff Philip & Tony Ice Cream Co. Philip & Tony served an answer and cross complaint seeking contribution and indemnification from Westover. As the result of plaintiff's failure to comply with discovery demands despite issuance of a conditional order of preclusion...

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