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GOMES v. VALENTINE REALTY LLC

32 A.D.3d 699 (2006)

822 N.Y.S.2d 2

MARGARITA GOMES, Individually and as Mother and Natural Guardian of AUSTIN MATTHEW ESPINDOLA, an Infant, et al., Respondents, v. VALENTINE REALTY LLC et al., Appellants.

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

September 7, 2006.

Defendants substantially complied with Supreme Court's conditional order striking their answer, which required them to provide certain discovery (see Henry v Advance Process Supply Co., 11 A.D.3d 430 [2004]). Therefore, the conditional order did not become absolute, and Supreme Court erred in striking defendants' answer (cf. D'Aloisi v City of New York, 7 A.D.3d...

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