Razmilovic v. Dowd

In an action to recover damages for breach of contract, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated December 8, 2003, as granted their motion to strike the complaint only to the extent of precluding the plaintiffs from testifying at trial “or presenting any other evidence,” and (2) from an order of the same court dated February 3, 2004, which amended the order dated December 8, 2003 by deleting the words “or presenting any other evidence.”

Ordered that the order dated December 8, 2003, is affirmed…