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SANTIAGO v. CITY OF NEW YORK

3454, 303107/09.

77 A.D.3d 561 (2010)

909 N.Y.S.2d 353

CARLOS SANTIAGO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 26, 2010.

This Court affirmed the dismissal of plaintiff's first slip-and-fall action against these defendants as a sanction for plaintiff's "persistent, unexplained noncompliance with four disclosure orders, including a self-executing conditional order of dismissal that was granted on default and became absolute" (71 A.D.3d 468, 469 [2010]). Plaintiff may not commence a new action upon the same occurrence because that dismissal was "a dismissal...

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