Boyle v. City of New York

—Orders, Supreme Court, New York County (Michael Stallman, J.), entered March 13, 2001, which denied as untimely defendants-appellants’ motion for summary judgment, denied plaintiff’s cross motion to strike defendant Rodriguez’s answer except to preclude him from testifying unless he appeared for deposition by a date certain, and denied plaintiff’s motion for sanctions against defendant City for spoliation of evidence, additional disclosure and certain jury charges, unanimously affirmed, without costs.

We deem defendant-appellants’ motion for summary judgment to have been made on behalf of…