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ISMAIL v. SINGH

3 Misc.3d 188 (2003)

776 N.Y.S.2d 166

CHIAZIM ISMAIL et al., Plaintiffs, v. DIDAR SINGH et al., Defendants.

Supreme Court, Kings County.

December 9, 2003.

Attorney(s) appearing for the Case

Andrew Kurtz, New York City, for Didar Singh, defendant.

Eliot Spitzer, Attorney General (Ellen S. Mendelson of counsel), for David Pelligrino, defendant.

DeSena & Kafer, P.C., New York

City (Ralph E. DeSena, Jr., of counsel), for Guilliano Dubos, plaintiff.

OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

Defendant Singh moves for an order compelling codefendant, David Pelligrino, to appear for a deposition, or alternatively, for an order pursuant to CPLR 3126 (2), precluding codefendant, David Pelligrino, from testifying at trial. Codefendant, David Pelligrino, opposes the motion and cross-moves to dismiss the complaint pursuant to CPLR 3211 and 3212 and Correction Law § 24 on the grounds that this court lacks...

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