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V. v. LEO

2021-02637. Index No. 515526/16.

219 A.D.3d 961 (2023)

195 N.Y.S.3d 746

2023 NY Slip Op 04461

V. et al., Appellants, v. Michel Leo et al., Respondents.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

The McHale Law Firm, P.C., New York, NY ( Kim I. McHale and Paul A. Burg of counsel), for appellants.

Miranda Slone Sklarin Verveniotis LLP, Mineola, NY ( Andrew B. Kaufman of counsel), for respondents.

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

In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated February 17, 2021. The order denied the plaintiffs' motion, in effect, pursuant to CPLR 5015(a)(1) to vacate an order of the same court dated September 16, 2020, granting that branch of the defendants' unopposed motion which was pursuant to CPLR 3126 to strike the complaint.

Ordered that the order dated...

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