HANN, RICHARD v. BLACK, STEPHEN R.

Centra and Carni, JJ.

(dissenting in part). We respectfully dissent in part inasmuch as we cannot agree with our colleagues that Supreme Court did not abuse its discretion in granting the motion of plaintiffs-respondents (plaintiffs) to strike defendants’ answer pursuant to CPLR 3126 (3) and for partial summary judgment on liability.

Initially, we note that, in October 2007, defendant Stephen R. Black left the employment of the trucking company owned by *1506defendant J&R Schugel Trucking, Inc. (J&R Schugel). The accident had occurred on January 26, 2007, and plaintiffs commenced this action on…