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CLARKE v. CLARKE

2013-01801

113 A.D.3d 646 (2014)

979 N.Y.S.2d 124

2014 NY Slip Op 200

DIMETRI CLARKE et al., Respondents, v. KINGSLEY CLARKE et al., Appellants, et al., Defendant.

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

Decided January 15, 2014.

In a consolidated action to recover damages for personal injuries, the defendants Kingsley Clarke and CNH Enterprise, Inc., appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated October 5, 2012, which granted their motion to strike the plaintiffs' note of issue only to the extent of directing the plaintiffs to appear for depositions.

Ordered that the order is modified, on the facts and in the exercise of discretion, by adding thereto a provision...

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