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AMATO v. FAST REPAIR, INC.

15 A.D.3d 429 (2005)

790 N.Y.S.2d 510

JAMES AMATO, Appellant, v. FAST REPAIR, INC., et al., Respondents. (And a Third-Party Action.)

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

February 14, 2005.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, that branch of the defendants' motion which was to vacate so much of the order dated November 19, 2002, granting that branch of the plaintiffs' motion which was to strike the answer for failure to comply with court-ordered discovery is denied, that portion of the order dated November 19, 2002, is reinstated, and those...

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