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GARCIA v. LA FORTUNA RESTAURANT, INC.

12718, 305472/10.

118 A.D.3d 482 (2014)

987 N.Y.S.2d 136

2014 NY Slip Op 4139

MILAGROS GARCIA, Respondent, v. LA FORTUNA RESTAURANT, INC., et al., Appellants, et al., Defendants.

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

Decided June 10, 2014.

On a prior appeal, we affirmed the motion court's order striking defendants La Fortuna Restaurant and Portoreal's answer (102 A.D.3d 638 [1st Dept 2013]). The motion court properly determined that the transcript of Portoreal's partial deposition and his affidavit explaining the reason for his failure to appear for a continued deposition are not new facts that could not have been offered on the prior motion (see CPLR 2221 [e] [2]...

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