McKithen v. City of New York

—In an action to recover damages for personal injuries, the defendants appeal from (1) an order of the Supreme Court, Queens County (Taylor, J.), dated July 29, 1998, which granted the plaintiffs motion pursuant to CPLR 3126 to strike their answer for the failure to comply with discovery, and denied their cross motion to extend the time within which to comply with discovery, and (2) an order of the same court, dated October 7, 1998, which denied their motion for reargument of the plaintiffs motion. ‘

Ordered that the appeal from the order dated October 7, 1998, is dismissed, as no appeal lies…