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MARTIN v. DORMITORY AUTH. OF THE STATE OF N.Y.

2020-08950. Index No. 515216/18.

208 A.D.3d 576 (2022)

172 N.Y.S.3d 719

2022 NY Slip Op 04907

Frank Martin, Respondent-Appellant, v. Dormitory Authority of the State of New York et al., Appellants-Respondents.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Rawle & Henderson, LLP, New York, NY ( Richard B. Polner , Justine K. Woods , and Michael H. Zhu of counsel), for appellants-respondents.

The Perecman Firm, PLLC, New York, NY ( Peter D. Rigelhaupt of counsel), for respondent-appellant.

Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, and the defendants' motion pursuant to CPLR 3126 to preclude the plaintiff from presenting at trial any medical evidence on the issue of damages and to dismiss the complaint is granted; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants...

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