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LIFRIERI v. GAMBALE

2021-04941. Index No. 150065/18.

222 A.D.3d 860 (2023)

203 N.Y.S.3d 97

2023 NY Slip Op 06521

Patricia Lifrieri, Appellant, v. Michael Gambale, Respondent, et al., Defendant.

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

Decided December 20, 2023.

Attorney(s) appearing for the Case

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

Carman, Callahan & Ingham, LLP, Farmingdale, NY ( Lauren M. Mazzara and Anne P. O'Brien of counsel), for respondent.

Duffy, J.P., Iannacci, Christopher and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), dated June 15, 2021. The order denied the plaintiff's motion pursuant to CPLR 3126 to strike the answer of the defendant Michael Gambale for failure to comply with discovery demands and spoliation of evidence or, in the alternative, to impose other sanctions against that defendant for spoliation of evidence.

Ordered...

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