WINDNAGLE v. TARNACKI

1118 CA 18-02124.

184 A.D.3d 1178 (2020)

126 N.Y.S.3d 282

2020 NY Slip Op 03355

Bradley Windnagle, Appellant, v. Patricia Tarnacki et al., Respondents. (Appeal No. 1.).

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

Decided June 12, 2020.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion insofar as it seeks to dismiss the complaint is denied, the complaint is reinstated, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: In this personal injury action, plaintiff failed to complete discovery and file a note of issue and statement of readiness in accordance with the scheduling...

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