Dhirubhai Shah v. American Honda Motor Co.

In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Nassau County (Robbins, J.), entered June 9, 2006, as denied, without opposition, that branch of their motion which was pursuant to CFLR 3126 to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties entered into a so-ordered stipulation, dated March 10, 2006, conditionally precluding the plaintiffs from offering at trial certain evidence relating to outstanding discovery demands unless the…