Di Giantomaso v. Kreger Truck Renting Co.

In a negligence action to recover damages for personal injury, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated January 26, 1970, as denied their motion to renew two previous motions of plaintiff, inter alia, to strike out the answer of defendant Fontanez, which previous motions had been granted. Order reversed insofar as appealed from, with $10 costs and disbursements; and defendants’ motion granted and two orders dated February 27, 1969 and October 7, 1969, respectively, vacated, upon condition that defendant Fontanez be…