STEVEN DEMILO res-ap, v. WEINBERG BROTHERS, LLC, APPELLANTres

STEVEN DEMILO res-ap, v. WEINBERG BROTHERS, LLC, APPELLANTres — (INDEX NO. 1638/10)In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated January 25, 2013, as denied its motion for summary judgment dismissing the complaint, and the plaintiffs cross-appeal from so much of the same order as denied those branches of their motion which were for summary judgment on the issue of liability, for leave to amend the complaint, to direct the defendant to accept service of an amended summons and complaint adding four additional parties as defendants, to strike the defendant's answer for failing to comply with discovery demands, for an award of statutory costs pursuant to CPLR 8106 and 8202, and to impose monetary sanctions against the defendant pursuant to 22 NYCRR 130-1.1(a).

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STEVEN DEMILO res-ap, v. WEINBERG BROTHERS, LLC, APPELLANTres — (INDEX NO. 1638/10)In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated January 25, 2013, as denied its motion for summary judgment dismissing the complaint, and the plaintiffs cross-appeal from so much of the same order as denied those branches of their motion which were for summary judgment on the issue of liability, for leave to amend the complaint, to direct the defendant to accept service of an amended summons and complaint adding four additional parties as defendants, to strike the defendant’s answer for failing to comply with discovery demands, for an award of statutory costs pursuant to CPLR 8106 and 8202, and to impose monetary sanctions against the defendant pursuant to 22 NYCRR 130-1.1(a).

ORDERED that the order is reversed insofar as appealed from, on the law, and the defendant’s motion for summary judgment dismissing the complaint is granted; and it is further,

STEVEN DEMILO res-ap, v. WEINBERG BROTHERS, LLC, APPELLANTres

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