Amico v. Pepe

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated July 19, 1989, which denied his motion to strike the defendants’ answer and to set the matter down for an assessment of damages.

Ordered that the order is reversed, on the law, with costs, and the motion is granted; and it is further,

*576Ordered that the matter is remitted to the Supreme Court, Queens County, for an assessment of damages.

The disappearance or intentional unavailability of the defendants is not a reason, in and of itself, to deny a…