Caban v. Rzak Development Inc.

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), dated October 15, 2013, as denied their separate motions to dismiss the complaint pursuant to CPLR 3126 for the plaintiff’s failure to comply with orders directing disclosure, and the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied his cross motion to strike the defendants’ answers pursuant to CPLR 3126 for their failure to submit to examinations before trial.

Ordered…