Racine v. Grant

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated June 17, 2008, as granted the defendants’ cross motion pursuant to CPLR 3216 to dismiss the complaint to the extent of directing him to comply with a demand for discovery which was annexed to the cross motion papers.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ cross motion pursuant to CPLR 3216 to dismiss the complaint is denied.

The Supreme Court improvidently exercised…