FERJUSTE v. 437 BMW, LLC

2021-01494. Index No. 516344/18.

219 A.D.3d 1308 (2023)

195 N.Y.S.3d 781

2023 NY Slip Op 04577

Jhon Ferjuste, Respondent, v. 437 BMW, LLC, Appellant.

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

Decided September 13, 2023.


Attorney(s) appearing for the Case

Rubin Paterniti Gonzalez Rizzo Kaufman, LLP, Garden City, NY ( Juan C. Gonzalez and Maria Massucci of counsel), for appellant.

Liakas Law, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Warhit and Wan, JJ. concur.


In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated January 20, 2021. The order, insofar as appealed from, denied the defendant's cross-motion pursuant to CPLR 3126 for discovery sanctions.

Ordered that the order is affirmed insofar as appealed from, with costs.

On May 23, 2018, the plaintiff allegedly was struck by falling debris inside of premises in Brooklyn...

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