K-F/X Rentals & Equipment, LLC v. FC Yonkers Associates, LLC

In an action to recover damages for injury to property, the plaintiff K-F/X Rentals & Equipment, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated May 2, 2014, as, in effect, denied that branch of its motion which was pursuant to CPLR 3126 to strike the answer of the defendant P.J. Herman, LLC.

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

Under the circumstances of this case, the Supreme Court properly, in effect, denied that branch of the appellant’s motion which was pursuant to CPLR 3126 to…