LaRocca v. City of New York
Court: Appellate Division of the Supreme Court of the State of New York; March 21, 1999; New York; State Appellate Court
In a personal injury damage recovery case, the defendant's appeal against a January 29, 1998, order from the Supreme Court, Queens County, is denied. The court had previously issued a September 26, 1997, order conditionally granting the plaintiffs' motion to strike the defendant's answer unless the defendant complied with a discovery notice dated September 20, 1996, within a specified timeframe. The defendant's failure to meet this requirement led the court to appropriately strike its answer. The order is affirmed with costs, and justices O’Brien, Ritter, Joy, and Altman concur in the decision.