Quiceno v. 101 Park Avenue Associates

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 9, 1999, which, inter alia, denied the motion of defendant Otis Elevator Co. to dismiss the complaint pursuant to CPLR 3126, unanimously modified, on the law and the facts, to the extent of remanding the matter to the IAS Court for consideration, after affording the parties an opportunity to be heard, of such penalty less than dismissal as the court deems just, and otherwise affirmed, without costs.

Although plaintiffs seemingly false statements about his prior medical history are not condoned, their ultimate effect…