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ABBADESSA v. SPRINT

291 A.D.2d 363 (2002)

736 N.Y.S.2d 880

PETER ABBADESSA, Appellant, v. SPRINT, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided February 4, 2002.

Ordered that the order is reversed, with costs to the plaintiff, and that branch of the plaintiff's motion which was, in effect, to strike the answer insofar as asserted on behalf of the defendant Sprint is denied on condition that the defendant Sprint comply with demands 3, 4, and 5 of the plaintiff's notice for discovery and inspection dated January 30, 2001, and if a particular document is unavailable, submits a detailed affidavit...

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