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LIBERTY COMMUNITY ASSOC., LP v. DeCLEMENTE

1183, 156532/14.

139 A.D.3d 532 (2016)

30 N.Y.S.3d 550

2016 NY Slip Op 03960

LIBERTY COMMUNITY ASSOCIATES, LP, Respondent, v. JOSEPH DeCLEMENTE, Appellant.

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

Decided May 19, 2016.

Because defendant failed to respond to plaintiff's motion for discovery sanctions, the part of the order striking defendant's answer as a discovery sanction and granting judgment in plaintiff's favor, thereby disposing of the case, was entered on defendant's default, and is not appealable (see CPLR 5511; Figiel v Met Food, 48 A.D.3d 330 [1st Dept 2008]).

Given the foregoing determination, defendant's appeal from the...

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