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PAPADOPOULOS v. METROPOLITAN TRANSP. AUTH.

Index No. 451612/15. Appeal No. 13281N. Case No. 2020-02529.

192 A.D.3d 430 (2021)

139 N.Y.S.3d 806

2021 NY Slip Op 01334

Marina Papadopoulos, as Administrator of the Estate of Demetrios Papadopoulos, Deceased, et al., Appellants, v. Metropolitan Transportation Authority et al., Respondents.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Massimo & Panetta, P.C., Mineola ( Nicholas J. Massimo of counsel), for appellants.

Lawrence Heisler , Brooklyn ( Anna Ervolina of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

The July 19, 2018 so-ordered stipulation was a self-executing, conditional order of preclusion, which defendants ignored. Thus, defendants are precluded from adducing evidence at trial (see generally Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 80 [2010]; CPLR 3126). That order became self-executing when defendants took no action within the 30-day time limit in which they were to provide the requested discovery or "request [an] immediate...

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