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VIEDA v. OTRO ROLLO TROPICAL, INC.

2013-01795, Index No. 15968/10.

108 A.D.3d 695 (2013)

968 N.Y.S.2d 897

2013 NY Slip Op 5443

MICHAEL VIEDA, Respondent, v. OTRO ROLLO TROPICAL, INC., et al., Appellants.

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

Decided July 24, 2013.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Agate, J.), dated November 26, 2012, which granted the plaintiff's motion pursuant to CPLR 3126 to strike their answer.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the plaintiff's motion which was...

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