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DAGRO ASSOC. II, LLC v. CHEVRON U.S.A., INC.

2019-01587, Index No. 59531/15.

206 A.D.3d 793 (2022)

170 N.Y.S.3d 574

2022 NY Slip Op 03884

Dagro Associates II, LLC, Appellant, v. Chevron U.S.A., Inc., et al., Respondents, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Spolzino Smith Buss & Jacobs, LLP, White Plains, NY (John J. Malley, of Counsel) for appellant.

Slowinski Atkins, LLP, New York, NY (Matthew S. Slowinski, pro hac vice, and Angelo A. Cuonzo, of Counsel) for respondents.

Iannacci, J.P., Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order dated December 3, 2018, is modified, on the facts and in the exercise of discretion, by deleting the provision thereof, upon reargument, granting that branch of the motion of the defendants Chevron U.S.A., Inc., Getty Oil Company, Getty Refining and Marketing Company, and Getty Oil Company (Eastern Operations), Inc., which was, in effect, pursuant to CPLR 3126 to strike the third amended complaint insofar...

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