Opinion
February 26, 1998
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
The transfer to Civil Court was an abuse of discretion in view of the seriousness of the injuries alleged and the absence of "the slightest suggestion that the damages sustained may be less than those demanded" ( American Home Assur. Co. v. Rhulen Agency, 147 A.D.2d 413). Contrary to the court's statement, liability considerations are not a basis for such removal. Plaintiff's motion to strike defendants' answers was properly denied since it does not clearly appear that the failure to disclose was willful or contumacious ( see, Frye v. City of New York, 228 A.D.2d 182). We have considered plaintiff's remaining contentions and find them to be without merit.
Concur — Ellerin, J. P., Nardelli, Wallach, Rubin, and Tom, JJ.