Reyes v. Vanderbilt

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Burke, J.), entered February 9, 2001, which granted the plaintiffs’ motion to strike the defendants’ answer to the extent of precluding any witness from testifying at trial on their behalf unless such witness appeared for a deposition within a specified time.

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter generally left to the discretion of the Supreme Court (see…