Siegel v. City of New York

Full title: GLORIA SIEGEL et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 2000

271 A.D.2d 679 (N.Y. App. Div. 2000)

707 N.Y.S.2d 862

Opinion

April 24, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 9, 1999, which denied their motion pursuant to CPLR 3126 (3) to strike the answer of the defendant City of New York.

O'Brien, J. P., Sullivan, Friedmann and Feuerstein, JJ., concur.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs' motion to strike the defendant's answer ( see, CPLR 3126; Fellin v. Sahgal, 268 A.D.2d 456; Kamar v. City of New York, 262 A.D.2d 57; Smith v. New York Tel. Co., 235 A.D.2d 529).