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SULLIVAN v. SNOW

Index No. 805366/16. Appeal No. 13431N. Case No. 2020-04491.

192 A.D.3d 611 (2021)

141 N.Y.S.3d 302

2021 NY Slip Op 01873

Daniel Sullivan, Appellant, v. Robert Snow et al., Respondents.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City ( Joseph P. Awad of counsel), for appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Steven C. Mandell of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Singh, González, JJ.

The underlying preclusion order should not have been issued sua sponte at a compliance conference, with no motion pending (see Brown v Montefiore Med. Ctr., 168 A.D.3d 488, 489 [1st Dept 2019]). Accordingly, we vacate the preclusion...

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