Daniels v. City of New York

In an action to recover damages for personal injuries, the defendant Keyspan Energy Corporation appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated August 13, 2009, which granted that branch of the plaintiff’s motion which was pursuant to CPLR 3126 to strike its answer for failure to comply with discovery demands.

Ordered that the order is affirmed, with costs.

“The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is within the discretion of the motion court” (Pirro Group, LLC v One Point St., Inc., 71 AD3d 654, 655 [2010]; see…