Kelley v. Empire Roller Skating Rink, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated March 3, 2006, which granted the plaintiffs’ motion pursuant to CFLR 3126 (3) to the extent of precluding the defendants from offering evidence with respect to the condition of the subject roller skates and struck the affidavit of correction for the deposition transcript of Valencia David.
Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the motion to the extent of precluding…
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