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PULGARIN v. RICHMOND

2022-06009. Index No. 507615/19.

219 A.D.3d 1356 (2023)

197 N.Y.S.3d 73

2023 NY Slip Op 04605

Margarita Pulgarin, Appellant, v. William F. Richmond et al., Respondents.

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

Harmon, Linder, & Rogowsky ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellant.

London Fischer, LLP, New York, NY ( Louise T. Cornacchia III of counsel), for respondents.

Barros, J.P., Chambers, Warhit and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated July 14, 2022. The order, insofar as appealed from, upon reargument, in effect, vacated the determinations in an order of the same court dated May 17, 2022, denying that branch of the defendants' motion which was pursuant to CPLR 3124 to compel the plaintiff to produce her cell phone for the inspection and collection of...

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