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BANNON v. AUERBACH

6 Misc.3d 219 (2004)

785 N.Y.S.2d 650

LORI BANNON, Individually and as Parent of RYAN D'AMICO and Another, Infants, Plaintiffs, v. HARVEY AUERBACH et al., Defendants.

Supreme Court, Suffolk County.

September 14, 2004.

Attorney(s) appearing for the Case

Paul Felicione, Mineola, for defendants.

Christian Aaron Pickney, Hempstead, for plaintiff.

OPINION OF THE COURT

ARTHUR G. PITTS, J.

Ordered that the defendants' motion to strike the plaintiffs' complaint for their loss of mold samples allegedly taken from the subject apartment or in the alternative, for an order of preclusion is denied. (CPLR 3126.) It is further ordered that defendants' motion for summary judgment is denied under the circumstances presented herein. (CPLR 3212.)

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