Carnazza v. Shoprite of Staten Island
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 defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated November 17, 2003, as granted those branches of the plaintiffs motion which were to vacate an order of the same court dated October 25, 2002, granting its motion for summary judgment upon the plaintiffs default in opposing the motion, and to vacate an order of the same court dated April 9, 2002, granting its motion to preclude the plaintiff from testifying at trial as to lost earnings upon his default in…
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