Grisales v. City of New York

In an action to recover damages for personal injuries, the plaintiffs Elkin Grisales and Rosa Grisales appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated May 2, 2001, which denied their motion pursuant to CPLR 3126 to strike the defendants’ answer or preclude them from offering any evidence in support of their position at trial.

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the Supreme Court, and the harsh penalty of striking a pleading, or…