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GUENZBURGER v. FERNANDEZ

Index No. 25921/17. Appeal No. 619. Case No. 2023-01551.

219 A.D.3d 1221 (2023)

196 N.Y.S.3d 7

2023 NY Slip Op 04718

Eli J. Guenzburger, Respondent, v. Elissa Fernandez, Defendant, and Dwell Family Doctors, Formerly Known as Throggs Neck Urgent Care, et al., Appellants.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Vouté, Lohrfink, McAndrew, Meisner & Roberts, LLP, White Plains ( Thomas E. Lamb II of counsel), for appellants.

Mead, Hecht, Conklin & Gallagher, LLP, White Plains ( Elizabeth M. Hecht of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered September 6, 2022, which, insofar as appealed from, precluded defendants Dwell Family Doctors f/k/a Throggs Neck Urgent Care, Throggs Neck Walk-In Medical Care, P.C., and Vadim Davydov, D.O. from introducing employment records and rules and regulations at trial or in connection with a summary judgment motion, unanimously affirmed, without costs.

The motion court properly awarded preclusion as a discovery...

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