Ferraro v. Koncal Associates

In a negligence action to recover damages for personal injuries, etc., defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Isseks, J.), dated May 13, 1983, as, upon granting its motion to reargue, adhered to its original determination dated December 15, 1982, which granted plaintiffs’ motion to preclude defendant from offering any evidence at trial in support of its defense. Order affirmed, insofar as appealed from, with costs. Plaintiffs served a proper notice to permit entry on defendant’s property, pursuant to CPLR 3120 (subd [a]) for…