Cavota v. Perini Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Alpert, J.), entered September 9, 2004, which denied that branch of his motion which was to strike the answer of the *363defendant Keystone Construction Corp. for failure to comply with discovery demands and granted that defendant’s cross motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the cross motion is denied, the complaint is reinstated…