Crooke v. Bonofacio

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about July 15, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion to strike the answer of defendants Continuum Health Partners, Inc. and St. Luke’s Roosevelt Hospital Center (collectively St. Luke’s) to the extent of striking St. Luke’s affirmative defense of justification, unanimously affirmed, without costs.

The court properly exercised its discretion under CPLR 3126 by striking St. Luke’s affirmative defense of justification because plaintiff demonstrated that the failure to…