Jennosa v. Vermeer Manufacturing Co.

In an action to recover damages for personal injuries, the defendant Nicholas Governale appeals from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated January 31, 2008, as denied those branches of his motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 and granted that branch of the plaintiffs cross motion which was pursuant to CPLR 3126 to strike his answer to the extent of precluding him from offering certain evidence at trial and allowing an adverse inference charge against him.

Ord…