Cigna Property & Casualty Co. v. Decoration & Design Building Partnership

—Order, Supreme Court, New York County (Franklin Weissberg, J.), entered on or about September 3, 1998, which, inter alia, granted plaintiff’s motion to strike defendants’ answer and denied defendants’ cross-motion for summary judgment as moot, unanimously modified, on the law and the facts and in the exercise of discretion, to deny plaintiff’s motion and reinstate defendants’ answer, and otherwise affirmed, without costs.

This is an action by plaintiff Cigna Property and Casualty Company, as subrogee of its insured Window Modes Ltd., against the owners and managers of the building in which…