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STOLOWSKI v. 234 E. 178TH ST. LLC

9604-8850/05, 9605N.

104 A.D.3d 569 (2013)

961 N.Y.S.2d 417

2013 NY Slip Op 1925

EUGENE STOLOWSKI et al., Appellants, v. 234 EAST 178TH STREET LLC, Respondent, et al., Defendant. EUGENE STOLOWSKI et al., Respondents, v. 234 EAST 178TH STREET LLC, Respondent, et al., Defendant.

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

March 21, 2013.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 12, 2012, which denied defendant 234 East 178th Street LLC's motion to strike plaintiffs' note of issue or permit post-note of issue discovery, unanimously modified, on the law and the facts, the motion granted to the extent of permitting discovery on the newly asserted wrongful death claim of plaintiff DiBernardo, and otherwise affirmed, without costs. Order...

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