Gilbert v. Kingsbrook Jewish Center

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings *532County (Martin, J.), dated June 13, 2000, which denied his motion pursuant to CPLR 3126 to strike the answer of the defendant Serge Elevator Co., Inc., and (2) an order of the same court dated July 29, 2005, which, upon a jury verdict on the issue of liability finding the defendant Kingsbrook Jewish Center 45% at fault in the happening of the accident, the defendant Serge Elevator Co., Inc., 45% at fault, and the plaintiff 10% at fault, granted the defendants’ motion…