Kaplan v. Emmett

—In an action to recover damages for medical malpractice, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Bellard, J.), entered October 5, 1998, as denied their motion to strike the defendants’ answers and/or defenses, or to preclude the defendants from presenting certain evidence at trial.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied the motion, inter alia, to strike the defendants’ answers, as there was no clear showing that their failure to comply with discovery was willful,…