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BRANNIGAN v. CHRISTIE OVERHEAD DOOR

2014-09905, Index No. 26780/11.

144 A.D.3d 959 (2016)

43 N.Y.S.3d 365

2016 NY Slip Op 07918

JAMES A. BRANNIGAN, Respondent, v. CHRISTIE OVERHEAD DOOR et al., Defendants, and JELD-WEN, INC., Appellant. (And a Third-Party Action.)

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

Decided November 23, 2016.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the motion of the defendant Jeld-Wen, Inc., to dismiss the complaint insofar as asserted against it pursuant to CPLR 3126 for the plaintiff's willful failure to comply with, among other things, a discovery order dated March 30, 2014, is granted to the extent of directing that the complaint be dismissed insofar...

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