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CEPEDA v. CITY OF NEW YORK

Index No. 401990/01. Appeal No. 15953. Case No. 2021-01551.

205 A.D.3d 517 (2022)

166 N.Y.S.3d 521

2022 NY Slip Op 03208

Dimas Cepeda et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Anna J. Ervolina , Brooklyn ( Harriet Wong of counsel), for appellants-respondents.

Parker Waichman LLP, Port Washington ( Jay L.T. Breakstone of counsel), for respondents-appellants.

Concur—Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

Supreme Court properly denied the City's motion to preclude and dismiss the complaint, since the City failed to establish a pattern of willful noncompliance with discovery (see Westchester Med. Ctr. v Amoroso, 110 A.D.3d 580, 580-581 [1st Dept 2013]; Hassan v Manhattan & Bronx Surface Tr. Operating Auth., 286 A.D.2d 303, 304-305 [1st Dept...

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