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GUARDADO v. K.B.G. COMMERCIAL, INC.

2020-06493. Index No. 617185/17.

209 A.D.3d 721 (2022)

176 N.Y.S.3d 119

2022 NY Slip Op 05681

Roberto Guardado, Respondent, v. K.B.G. Commercial, Inc., et al., Appellants, et al., Defendants.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

Eric D. Feldman , Melville, NY ( Jennifer M. Belk and David R. Holland of counsel), for appellants.

Siben & Siben LLP, Bay Shore, NY ( Alan G. Faber of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

In an action to recover damages for personal injuries, the defendants K.B.G. Commercial, Inc., and Vibert A. Prescott appeal from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated July 30, 2020. The order conditionally granted that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike those defendants' answer unless the defendant Vibert A. Prescott appeared for a deposition.

Ordered that the order is affirmed, with costs...

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