6 Harbor Park Drive, LLC v. Town of North Hempstead

In a consolidated action to recover damages for injury to property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Bruno, J.), dated December 18, 2012, as denied its motion pursuant to CPLR 3126, inter alia, to strike the answer of the defendant Town of North Hempstead or to preclude that defendant from adducing evidence at trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

“The determination whether to strike a pleading or to preclude evidence for failure to comply with court-ordered disclosure lies…