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PIGOTT v. J.C. HAPPY GARDEN CORP.

Index No. 20667/17. Appeal No. 158-159-160. Case No. 2021-00294, 2022-01974, 2022-01975.

216 A.D.3d 413 (2023)

189 N.Y.S.3d 86

2023 NY Slip Op 02288

Cecilio Pigott, Respondent, v. J.C. Happy Garden Corp., Respondent-Appellant, and 218-204 East 165 Realty Corp., Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. Black Cat KK, Inc., Doing Business as Chinese Restaurant, Third-Party Defendant-Respondent-Appellant.

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

Decided May 2, 2023.

Attorney(s) appearing for the Case

Hannum, Feretic, Prendergast & Merlino, LLC, New York ( Marsha J. Quinche of counsel), for appellant-respondent.

Marshall Conway Bradley Gollub & Weissman, P.C., New York ( Lauren R. Turkel of counsel), for respondent-appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Shulman, Higgitt, JJ.

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered on or about June 29, 2020, which granted third-party defendant Black Cat KK, Inc., doing business as Happy Garden Chinese Take Out's motion to strike the answer of defendant/third-party plaintiff 218-204 East 165 Realty Corp. (East 165 Realty) for failing to appear for its scheduled deposition, unanimously affirmed, without costs. Order, same court (Laura G. Douglas, J.), entered April 4, 2022, which, to the...

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