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GARCIA v. TOWN OF TONAWANDA

131 CA 19-01532.

185 A.D.3d 1388 (2020)

125 N.Y.S.3d 603

2020 NY Slip Op 04018

Osvaldo Garcia, Appellant, v. Town of Tonawanda, Respondent, et al., Defendants.

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

Decided July 17, 2020.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiff appeals from an order insofar as it denied his motion seeking to strike the answer of defendant Town of Tonawanda (Town) in the event that the Town failed to produce certain requested discovery materials within 30 days. After entry of that order and while this appeal was pending, Supreme Court granted the Town's subsequent motion for summary judgment dismissing the...

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