Falco v. Caterpillar, Inc.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Golden, J.), dated March 14,1997, as denied their motion, inter alia, to strike the answer of the defendant Caterpillar, Inc., or preclude it from proffering certain evidence at trial.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Review of the record does not reveal that the defendant Caterpillar, Inc. (hereinafter Caterpillar) engaged in willful and contumacious conduct, or exercised bad faith in…