Pines v. Muss Development Co.

In a negligence action to recover damages for personal injuries, the defendant Westinghouse Elevator Co., Inc., appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated February 19, 1988, which denied its motion to dismiss the plaintiff’s complaint or, in the alternative, to preclude the plaintiff from adducing proof at trial with respect to discovery information allegedly not provided.

Ordered that the order is modified, by deleting the provision thereof denying that branch of the appellant’s motion which was to preclude the plaintiff from adducing proof at the trial *556as…