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ALDO v. CITY OF NEW YORK

2021-01859. Index No. 31643/10.

210 A.D.3d 833 (2022)

179 N.Y.S.3d 75

2022 NY Slip Op 06454

Jorge Aldo, Appellant, v. City of New York et al., Respondents.

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

Decided November 16, 2022.

Attorney(s) appearing for the Case

G. Wesley Simpson, P.C., Brooklyn, NY, for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Deborah A. Brenner and MacKenzie Fillow of counsel), for respondents.

Duffy, J.P., Maltese, Wooten and Wan, JJ., concur.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered November 13, 2019. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were pursuant to CPLR 3126 to strike the defendants' answer or, in the alternative, to preclude them from testifying or presenting evidence at trial.

Ordered that the order is affirmed...

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