Stein v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated March 12, 2004, which denied their motion, in effect, to compel the defendant to produce an additional witness for a deposition or to strike the defendant’s answer for failure to comply with disclosure demands.

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying that branch of the motion which was to compel the defendant to produce an additional witness for a deposition and…