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DIAZ v. MAYGINA REALTY LLC

11241, 151534/16.

181 A.D.3d 478 (2020)

117 N.Y.S.3d 848

2020 NY Slip Op 01697

Myrna Diaz, Appellant, v. Maygina Realty LLC et al., Respondents.

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

Decided March 12, 2020.

Plaintiff failed to comply with a conditional order of preclusion requiring her to produce authorizations relating to treatment for her preexisting conditions, and the order became absolute (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 83 [2010]). As the order precluded her from offering evidence as to damages at trial, plaintiff would be unable to prove her prima facie case.

Contrary to plaintiff's unpreserved contention...

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