Smith v. City of New York

In an action to recover damages for personal injuries, the defendants 789 St. Marks Realty Corp. and Brenda Management Corp. appeal (1) from an order of the Supreme Court, Kings County (Jackson, J.), dated April 16, 1996, which granted the plaintiff’s motion to strike their answer for failure to appear at an examination before trial, and (2), as limited by *338their brief, from so much of an order of the same court, dated June 11, 1996, as, in effect, upon reargument, adhered to the original determination.

Ordered that the appeal from the order dated April 16, 1996, is dismissed, as that order was…