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FITZPATRICK v. CONSOLIDATED RESISTANCE CO. OF AM., INC.

2019-14417. Index No. 53834/18.

205 A.D.3d 773 (2022)

165 N.Y.S.3d 878

2022 NY Slip Op 03097

Michael Fitzpatrick et al., Respondents, v. Consolidated Resistance Company of America, Inc., Appellant.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Goetz Schenker Blee & Wiederhorn LLP, New York, NY ( Lisa De Lindsay of counsel), for appellant.

Charles R. Sabel , New York, NY, for respondents.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In March 2018, the plaintiff Michael Fitzpatrick (hereinafter the injured plaintiff), and his wife suing derivatively, commenced this action against the defendant to recover damages for personal injuries. In October 2019, the defendant, contending that the plaintiffs failed to comply with the defendant's discovery demands, moved, inter alia, to preclude the plaintiffs from offering evidence at...

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