ASHFAQ v. ICE CREAM DEPOT CORP.

2017-06358, 2017-06359. Index No. 16271/10.

209 A.D.3d 704 (2022)

176 N.Y.S.3d 108

2022 NY Slip Op 05674

Muhammed Ashfaq et al., Appellants, v. Ice Cream Depot Corp. et al., Respondents, et al., Defendants.

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

Decided October 12, 2022.


Attorney(s) appearing for the Case

Hasapidis Law Offices, South Salem, NY ( Annette G. Hasapidis and Bhurtel Law Firm PLLC [ Dylan J. Brennan ], of counsel), for appellants.

Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead, NY ( Susan Weihs Darlington of counsel), for respondents Ice Cream Depot Corp. and Elizabeth M. Keller, as the administrator of the estate of Charles Battipede.

Mark E. Alter (Rubin Law, PLLC, New York, NY [ Denise A. Rubin ], of counsel), for respondents Anthony Ivanditto, David Ivanditto, and Ivanditto Land Corporation.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.


In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated June 24, 2016, and (2) an order of the same court dated April 13, 2017. The order dated June 24, 2016, inter alia, directed the plaintiffs to comply with certain outstanding discovery requests. The order dated April 13, 2017, granted that branch of the...

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