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BATUROV v. MARCHEWKA

10 A.D.3d 345 (2004)

780 N.Y.S.2d 289

JOSEPH BATUROV et al., Respondents v. ANDRZEJ MARCHEWKA et al., Defendants, and SYSTEM VAN LINES, INC., et al., Appellants.

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

Decided August 2, 2004.

Ordered that the order is affirmed, with costs.

As a result of the appellants' failure to timely provide the court-ordered discovery, the conditional order of preclusion dated June 9, 2003, became absolute (see Hall v Penas, 5 A.D.3d 549 [2004]; Marrone v Orson Holding Corp., 302 A.D.2d 371 [2003]). To be relieved of the adverse impact of the conditional order of preclusion, the...

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