Messer v. Keyspan Energy Delivery, Inc.

In an action to recover damages for personal injuries and wrongful death, etc., the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Holder, J.), dated January 22, 2008, as only conditionally granted that branch of his motion which was pursuant to CPLR 3126 to strike the answer of the defendant New York City Transit Authority unless it produced two named witnesses for deposition and paid a sanction in the sum of $2,500 to his attorney.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently…