Rivera v. Torah

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Jones, J.), dated March 17, 2004, as denied their motion to strike the defendant’s answer.

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

The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion to strike the defendant’s answer. The record does not support a finding that the defendant willfully and deliberately failed to produce its witness for a deposition (see CPLR…