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DABROWSKI v. ABAX INC.

Index No. 106778/07. Appeal No. 16980. Case No. 2022-00441.

213 A.D.3d 451 (2023)

183 N.Y.S.3d 41

2023 NY Slip Op 00725

Jerzy Dabrowski et al., Appellants, v. ABAX Incorporated et al., Respondents, et al., Defendants.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher of counsel), for appellants.

Milman Labuda Law Group PLLC, Lake Success ( Netanel Newberger of counsel), for respondents.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered November 19, 2021, which granted defendants' motion to dismiss class member, Piotr Nartowicz, from the action due to his failure to appear for deposition, unanimously affirmed, without costs.

Discovery from absent class members is generally permitted "where it is necessary and helpful to the correct determination of the principal suit" (Murray v Allied-Signal, Inc., 177...

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