Jimenez v. Weiner

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about March 11, 2003, which denied plaintiffs motion to strike the answer or preclude defendants from offering evidence at trial, and to permit the filing of a note of issue, unanimously modified, on the law and the facts, to the extent of granting plaintiffs motion only to the extent indicated in the decision herein, and otherwise affirmed, without costs.

Plaintiff’s counsel notified defendants of an intention to inspect a ramp that allegedly caused the accident and advised defendant of its obligation to preserve and not…