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BURA v. WESTFAIR CORP.

2018-12517. Index No. 66563/14.

190 A.D.3d 679 (2021)

135 N.Y.S.3d 892

2021 NY Slip Op 00145

William Bura et al., Appellants, v. Westfair Corp. et al., Respondents.

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

Decided January 13, 2021.

Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY, [ Scott T. Horn and Christen Giannaros ], of counsel), for appellants.

Hannum Feretic Prendergast & Merlino, LLC, New York, NY ( David P. Feehan of counsel), for respondent Westfair Corp.

Lester Schwab Katz & Dwyer, LLP, New York, NY ( Daniel S. Kotler and C. Briggs Johnson of counsel), for respondents TNA Entertainment, LLC, and Total Nonstop Action Wrestling.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.

Ordered that the order dated October 11, 2018, is affirmed, with costs.

After the plaintiffs' repeated failure to comply with discovery demands, despite court orders, the Supreme Court issued a conditional order of dismissal, directing the defendants to move to dismiss the complaint if the plaintiffs failed to provide outstanding discovery. The plaintiffs failed to comply, and then failed to oppose the defendants' motion...

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