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GALARZA v. 25 HOPE ST. ASSOC., LLC

2020-00833. Index No. 525024/17.

209 A.D.3d 984 (2022)

176 N.Y.S.3d 706

2022 NY Slip Op 05993

Edisson Sango Galarza, Respondent, v. 25 Hope Street Associates, LLC, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York, NY ( Shanna R. Torgerson of counsel), for appellant.

Hecht, Kleeger & Damashek, P.C. ( Ephrem J. Wertenteil , New York, NY, of counsel), for respondent.

Iannacci, J.P., Rivera, Zayas and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the defendant 25 Hope Street Associates, LLC, appeals from an order of the Supreme Court, Kings County (Lizette Colon, J.), dated December 3, 2019. The order granted the plaintiff's motion pursuant to CPLR 3126 to strike the defendants' separate answers to the extent of precluding the defendants from testifying at trial or offering opposition to a motion for summary judgment...

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