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KEMP v. 1000 BROADWAY, LLC

2020-07646. Index No. 514687/16.

203 A.D.3d 1153 (2022)

163 N.Y.S.3d 418

2022 NY Slip Op 02121

Constance Kemp, Appellant, v. 1000 Broadway, LLC, Respondent, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Kenneth J. Gorman], of counsel), for appellant.

Morrison Mahoney LLP, New York, NY (Demi Sophocleous and Gerardo L. Espinoza of counsel), for respondent.

Barros, J.P., Rivera, Wooten and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she tripped and fell. Thereafter, the plaintiff moved, inter alia, in effect, pursuant to CPLR 3126 to preclude the defendants from offering video surveillance footage of the plaintiff at trial based upon the defendants' purported failure to comply with their disclosure obligations under CPLR 3101(i). In an order...

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