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SIMPSON v. CITY OF NEW YORK

10 A.D.3d 601 (2004)

781 N.Y.S.2d 683

YVONNE SIMPSON, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

September 7, 2004.

In an action, inter alia, to recover damages for wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 30, 2003, as upon reargument, adhered to its prior determination in an order dated March 28, 2003, granting the plaintiff's motion to strike their answer for failure to comply with discovery.

Ordered that the order is reversed...

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