Gross v. Johnson

In an action to recover damages for battery and intentional infliction of emotional distress, the defendant appeals (1) from an order of the Supreme Court, Richmond County (Fusco, J.), dated September 3, 2010, which, inter alia, conditionally granted that branch of the plaintiffs motion which was pursuant to CPLR 3126 to strike the answer unless she appeared for a deposition by a date certain, (2) from an order of the same court dated January 7, 2011, which granted the plaintiffs unopposed application to strike the answer for failure to comply with the order dated September 3, 2010, (3) from…