Jackson v. Hunter Roberts Construction Group, L.L.C.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 24, 2015, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion to strike defendants’ answer, unanimously reversed, on the facts, without costs, and the motion denied. Order, same court and Justice, entered July 17, 2015, which denied defendants’ motion to vacate the note of issue or to compel discovery, unanimously reversed, on the facts, without costs, and the motion to vacate the note of issue granted.

The motion court improvidently exercised its discretion in striking the answer.…