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GUTMAN v. CABRERA

2013-09784, Index No. 25405/08.

121 A.D.3d 1042 (2014)

995 N.Y.S.2d 180

2014 NY Slip Op 07328

CATHERINE GUTMAN, as President of the Condominium Board of the Washington Condominium Association, Respondent, v. HEILIN CABRERA, Owner of Unit B3H of the Washington Condominium, Defendant/Third-Party Plaintiff-Appellant. THE WASHINGTON CONDOMINIUM ASSOCIATION, Managers of the Washington Condominium, et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided October 29, 2014.

In an action, inter alia, for injunctive relief and to recover damages for breach of contract and injury to property, the defendant/third-party plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schneier, J.H.O.), dated May 7, 2013, as conditionally granted that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike her answer and third-party complaint unless she appeared for a deposition...

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