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RAMIREZ v. 2917 GRAND CONCOURSE

Index No. 305816/14. Appeal No. 14028. Case No. 2020-03366.

195 A.D.3d 477 (2021)

144 N.Y.S.3d 866

2021 NY Slip Op 03563

Angela Ramirez, Appellant, v. 2917 Grand Concourse, Respondent.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco LLP, New York ( Kenneth J. Gorman of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York ( Ross Barbour of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, González, JJ.

In March of 2017, when plaintiff failed to appear for a physical examination, the conditional order of preclusion issued on January 23, 2017 became self-executing (see Arts4All, Ltd. v Hancock, 54 A.D.3d 286, 286 [1st Dept 2008], affd 12 N.Y.3d 846 [2009], cert denied 559 U.S. 905 [2010]). Thus, the court correctly granted defendant's motion for summary...

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