Murray v. City of New York

In an action, inter alia, to recover damages for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated November 2, 2005, which granted that branch of the motion of the defendant City of New York which was, in effect, for summary judgment dismissing the complaint insofar as asserted against it and denied the plaintiffs’ cross motion, inter alia, in effect, to strike the answer of the defendant City of New York pursuant to CPLR 3126 (3).

*785Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of…