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VASQUEZ v. SOKOLOWSKI

277 A.D.2d 370 (2000)

717 N.Y.S.2d 212

RUBEN VASQUEZ, Respondent, v. MICHAEL SOKOLOWSKI et al., Defendants, and ERICKSEN CONTRACTING CORP., Appellant. (And a Third-Party Action.)

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

Decided November 20, 2000.

Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was to compel discovery and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.

The Supreme Court providently exercised its discretion in denying that branch of the appellant's motion which was to strike the complaint (see, CPLR 3126 [3]; Kingsley v Kantor, ...

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