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JONES v. LEFRANCE LEASING LIMITED PARTNERSHIP

2012-04373, 2012-08730, Index No. 17558/07.

110 A.D.3d 1032 (2013)

973 N.Y.S.2d 798

2013 NY Slip Op 7012

JANICE JONES, as Administratrix of the Estate of LESLIE JONES, JR., Deceased, et al., Respondents, v. LEFRANCE LEASING LIMITED PARTNERSHIP et al., Defendants, and ALLIANCE ELEVATOR COMPANY, Appellant.

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

Decided October 30, 2013.

In an action, inter alia, to recover damages for wrongful death, etc., the defendant Alliance Elevator Company appeals, as limited by its brief, (1) from so much of an order of the Supreme Court, Kings County (Schack, J.), dated March 5, 2012, as granted that branch of the plaintiffs' cross motion which was to strike its answer to the extent of precluding it from claiming that it lacked prior notice of the defective conditions...

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