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LOPES v. METROPOLITAN TRANSIT AUTHORITY

2008-01659, 2008-06982.

66 A.D.3d 744 (2009)

886 N.Y.S.2d 762

2009 NY Slip Op 7379

THEODORA LOPES et al., Respondents v. METROPOLITAN TRANSIT AUTHORITY et al., Appellants.

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

Decided October 13, 2009.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

While the defendants' motion to dismiss the complaint pursuant to CPLR 3126 was pending, the plaintiffs provided the disclosure sought by the defendants. Accordingly, while we do not condone the plaintiffs' delays in adhering to court-ordered discovery schedules (see Miceli v State Farm Mut. Auto. Ins. Co., 3 N.Y.3d 725 [2004]; Kihl...

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