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ORTIZ v. WAKEFERN FOOD CORP.

2016-03744, 2016-05758, Index No. 22644/09.

145 A.D.3d 1024 (2016)

2016 NY Slip Op 08876

42 N.Y.S.3d 853

EDGAR ORTIZ, Respondent, v. WAKEFERN FOOD CORP. et al., Appellants, et al., Defendants.

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

Decided December 28, 2016.

Ordered that the appeal from the first order entered April 6, 2016, is dismissed, without costs or disbursements, as that order was superseded by the second order entered April 6, 2016; and it is further,

Ordered that the second order entered April 6, 2016, is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff commenced this action to recover damages for personal injuries. Discovery...

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