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SWEET CONSTRUCTORS, LLC v. WALLKILL MED. DEV., LLC

2017-11394. Index No. 7976/09.

188 A.D.3d 1279 (2020)

132 N.Y.S.3d 871

2020 NY Slip Op 07114

Sweet Constructors, LLC, Appellant, v. Wallkill Medical Development, LLC, et al., Respondents.

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

Decided November 25, 2020.

Ordered that the order is reversed, on the law, with costs, that branch of the defendants' cross motion which was, in effect, pursuant to CPLR 3126 to preclude the plaintiff from introducing certain evidence at trial is denied, and a second order dated September 5, 2017, granting the defendants' application, upon the first order dated September 5, 2017, to dismiss the complaint, is vacated.

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