Alizio v. Alizio

—In an action, inter alia, for a judgment declaring, in effect, that the election of the individual defendants to the Board of Directors of the defendant 82-04 Lefferts Tenants Corp. was illegal, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Milano, J.), dated January 18, 2002, as denied that branch of his motion which was to strike the answer of the defendant Joseph Alizio.

*516Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and that branch of the motion which was to strike the answer of the defendant Joseph…