Gaffney v. City of New York

Motion by plaintiff for an order (1) striking the answers of defendants Lud Realty Co., Inc., and 'Samuel Elefant, granting summary judgment and directing a hearing to assess the damages, and (2) directing the Calendar Clerk not to strike this action from the calendar.

It is apparent from reading plaintiff’s papers that summary judgment is not sought pursuant to rule 3212 of the Civil Practice Law and Rules, but solely as a consequence of an order of the court striking defendants’ answers for their failure to appear for examination before trial. Although the latter relief was obtainable under…