Opinion
Submitted May 19, 1999
June 28, 1999
In an action to recover damages for personal injuries, the defendants appeal from (1) an order of the Supreme Court, Queens County (Taylor, J.), dated July 29, 1998, which granted the plaintiff's motion pursuant to CPLR 3126 to strike their answer for the failure to comply with discovery, and denied their cross motion to extend the time within which to comply with discovery, and (2) an order of the same court, dated October 7, 1998, which denied their motion for reargument of the plaintiff's motion.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Margaret G. King of counsel), for appellants.
Ahlers, Haber Safranek, LLP, White Plains, N.Y. (Michael L. Safranek of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated October 7, 1998, is dismissed, as no appeal lies from an order denying a motion for reargument; and it is further,
ORDERED that the order dated July 29, 1998, is affirmed; and it is further,
ORDERED that the plaintiff is awarded one bill of costs.
The Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion to strike the defendants' answer based upon their failure to comply with the plaintiff's discovery demands ( see, CPLR 3126; DiDomenico v. C S Aeromatick Supplies, 252 A.D.2d 41; Ferraro v. Koncal Assoc., 97 A.D.2d 429).
The plaintiff's remaining contention does not require reversal.
BRACKEN, J.P., RITTER, ALTMAN, and FRIEDMANN, JJ., concur.