Smith v. City of New York

Full title: FRANCES SMITH, Respondent, v. CITY OF NEW YORK, Defendant, and 789 ST…

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

Date published: May 5, 1997

239 A.D.2d 337 (N.Y. App. Div. 1997)

657 N.Y.S.2d 1006

Opinion

May 5, 1997

Appeal from the Supreme Court, Kings County (Jackson, J.).

Ordered that the appeal from the order dated April 16, 1996, is dismissed, as that order was superseded by the order dated June 11, 1996, made upon reargument; and it is further,

Ordered that the order dated June 11, 1996, is affirmed insofar as appealed from, and it is further,

Ordered that the respondent is awarded one bill of costs.

The failure of the appellants to abide by the so-ordered stipulation dated September 7, 1995, warranted the agreed-upon sanction of striking their answer ( see, CPLR 3126; Will v County of Nassau, 90 A.D.2d 795; Pan World Constr. Corp. v. 791 Park Ave. Corp., 185 A.D.2d 105, 107).

Bracken, J.P., Joy, McGinity and Luciano, JJ., concur.