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GUTIERREZ v. GOOD BAR, LLC

2019-07475. Index No. 515600/15.

203 A.D.3d 803 (2022)

165 N.Y.S.3d 79

2022 NY Slip Op 01443

Romel Gutierrez et al., Appellants, v. Good Bar, LLC, et al., Respondents, et al., Defendants.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

James G. Dibbini & Associates, P.C., Yonkers, NY, for appellants.

Daniel J. Niamehr, New York, NY, for respondents.

Dillon, J.P., Brathwaite Nelson, Rivera and Wooten, JJ., concur.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the motion of the defendants Good Bar, LLC, and Gina O'Keefe pursuant to CPLR 3126 to preclude the plaintiffs from offering any evidence at trial, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs commenced...

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