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EDDIE CABAN, res-ap, v. RZAK DEVELOPMENT INCORPORATED APPELLANTS-res

EDDIE CABAN, res-ap, v. RZAK DEVELOPMENT INCORPORATED APPELLANTS-res — (INDEX NO. 700074/10)In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated October 15, 2013, as denied their separate motions to dismiss the complaint pursuant to CPLR 3126 for the plaintiff's failure to comply with orders directing disclosure, and the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied his cross motion to strike the defendants' answers pursuant to CPLR 3126 for their failure to submit to examinations before trial.

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EDDIE CABAN, res-ap, v. RZAK DEVELOPMENT INCORPORATED APPELLANTS-res — (INDEX NO. 700074/10)In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated October 15, 2013, as denied their separate motions to dismiss the complaint pursuant to CPLR 3126 for the plaintiff’s failure to comply with orders directing disclosure, and the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied his cross motion to strike the defendants’ answers pursuant to CPLR 3126 for their failure to submit to examinations before trial.

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

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