Sbasching v. Great Atlantic & Pacific Tea Co.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gigante, J.), dated January 24, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint and denied her cross motion to strike the defendant’s answer.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion with leave to the defendant to renew the motion after further discovery; as so modified, the order is affirmed, without costs or…