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RODRIGUEZ-DOMINGUEZ v. BLACKSTONE CONTRS., LLC

2019-06847. Index No. 504862/17.

191 A.D.3d 817 (2021)

138 N.Y.S.3d 370

2021 NY Slip Op 00891

Carlos Rodriguez-Dominguez, Appellant, v. Blackstone Contractors, LLC, Respondent, et al., Defendant. (And a Third-Party Action.).

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Frekhtman & Associates, Brooklyn, NY ( Eileen Kaplan and Martin M. Howfield of counsel), for appellant.

Rosenbaum & Taylor, P.C., White Plains, NY ( Leslie Luke and Scott P. Taylor of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the appeal is dismissed, with costs.

In this personal injury action, the Supreme Court, in an order dated April 2, 2019, granted the unopposed motion of the defendant Blackstone Contractors, LLC (hereinafter the defendant), pursuant to CPLR 3126 to strike the complaint based upon the plaintiff's failure to comply with court-ordered discovery. The record on appeal contains no proof that the plaintiff ever formally opposed the subject motion. Therefore...

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