Dowlitt v. City of New York

Order, Supreme Court, New York County (Helen Freedman, J.), entered August 16, 1984, granting plaintiffs motion to strike the answers of defendants-appellants City of New York and N.Y.C. Health and Hospitals Corp. pursuant to CPLR 3126 on grounds of a default in appearing for deposition, severing the action against them from that against codefendant surgeons, and setting the matter down for an assessment of damages against defendants-appellants, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion denied, without costs or disbursements, on condition…