DeFilippis v. Traian

In an action to recover damages for personal injuries, etc., defendants appeal from (1) an order of the Supreme Court, Nassau County (Kelly, J.), dated July 2, 1981, which granted plaintiffs’ motion pursuant to CPLR 3126 to strike their answer and (2) a further order of the same court, dated October 2,1981, which denied their motion for reargument. Order dated July 2, 1981 reversed, without costs or disbursements, and motion to strike denied, without prejudice to renewal in the event defendants are not produced for an examination before trial at Special Term, Part II, of the Supreme Court,…