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LOPEZ v. MAGGIES PARATRANSIT CORP.

2020-04679. Index. No. 516777/16.

210 A.D.3d 1066 (2022)

180 N.Y.S.3d 174

2022 NY Slip Op 06793

Billy Lopez, Appellant, v. Maggies Paratransit Corp. et al., Respondents.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Law Offices of Michael S. Lamonsoff, PLLC, New York, NY ( Stacey Haskel and William Thonus of counsel), for appellant.

Zaklukiewicz Puzo & Morrissey, LLP, Islip Terrace, NY ( Stephen F. Zaklukiewicz of counsel), for respondents.

Barros, J.P., Miller, Dowling and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lizette Colon, J.), dated February 10, 2020. The order granted the defendants' motion for discovery sanctions to the extent of directing dismissal of the complaint pursuant to CPLR 3126(3).

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision...

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