LOPEZ v. CITY OF NEW YORK


2 A.D.3d 693 (2003)

768 N.Y.S.2d 621

GEORGE LOPEZ et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and ULRIK HOLDING, LTD., et al., Appellants.

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

December 22, 2003.


Ordered that the order dated November 12, 2002, is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was, in effect, to vacate the order dated April 2, 2002, is denied, the complaint insofar as asserted against the appellants is dismissed, and the action against the remaining defendants is severed.

The plaintiffs failed to comply with a conditional order of preclusion dated October 10, 2001. As a result, the conditional...

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