Poveromo v. Kelley-Amerit Fleet Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), entered October 6, 2014, which granted the plaintiffs motion pursuant to CPLR 3126 to strike the answer based on its failure to comply with court-ordered discovery, to enter judgment in his favor on the issue of liability, and to set the matter down for an inquest on the issue of damages.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiffs motion is denied.
A court may strike a pleading as a…
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