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FOLLORS v. TI OZONE PARK STOR., LLC

2021-03325. Index No. 715902/18.

209 A.D.3d 843 (2022)

177 N.Y.S.3d 83

2022 NY Slip Op 05842

Yolanda Follors, Appellant, v. TI Ozone Park Storage, LLC, Respondent.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Michael H. Zhu , and Kelly Breslauer ], of counsel), for appellant.

Hickey Smith Dodd, New York, NY ( Maurice J. Recchia of counsel), for respondent.

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

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered April 8, 2021. The order denied the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court entered November 2, 2020, granting that branch of the defendant's unopposed motion which was pursuant to CPLR 3126 to dismiss the complaint for failure to comply with discovery demands, and thereupon...

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