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SANABRIA v. NYSARC, INC.

2019-12469, 2020-02804, Index No. 621663/17.

2022 NY Slip Op 02299

NICOLE SANABRIA, ETC., Respondent, v. NYSARC, INC., ET AL., Appellants.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Hardin, Kundla, McKeon & Poletto, P.A., New York, NY ( David C. Blaxill of counsel), for appellants.

Winkler Kurtz, LLP, Port Jefferson Station, NY ( Jason W. Hake of counsel), for respondent.

Before: Betsy Barros, J.P., Reinaldo E. Rivera, Paul Wooten, William G. Ford, JJ.

In an action to recover damages for personal injuries, the defendants appeal from (1) an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated September 16, 2019, and (2) an order of the same court dated January 29, 2020. The order dated September 16, 2019, granted the plaintiff's motion pursuant to CPLR 3126 to strike the defendants' answer and for judgment in the plaintiff's favor and against the defendants on the issue of liability due to the defendants...

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