Sifonte v. Carol Gardens Housing Comp.

— Order, Supreme Court, Bronx County, entered July 31, 1978, which, inter alia, struck defendant’s answer and granted summary judgment to the plaintiffs against the defendant Plaza Asphalt Paving of Westchester, Inc., and directed an inquest for the assessment of damages, unanimously reversed, on the facts and in the exercise of discretion, without costs or disbursements, to the extent of denying plaintiffs’ motion to strike the answer on condition that counsel for the defendant Plaza Asphalt Paving of Westchester, Inc., pay the plaintiffs $300 costs. In the event defendant fails *564to comply…