RAGUBIR v. 44 COURT STREET, LLC


60 A.D.3d 833 (2009)

875 N.Y.S.2d 255

ANJANIE RAGUBIR et al., Appellants, v. 44 COURT STREET, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents. LITTLE FLOWER CHILDREN'S SERVICES OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided March 17, 2009.


Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiffs' assertion, they failed to comply with a conditional order of dismissal dated February 23, 2006, which was based upon their failure, among other things, to provide records from their neuropsychiatric expert, which were not shown to be unavailable (cf. Brennan...

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