Bilotti v. City of New York

In an action to recover damages, inter alia, for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.) dated December 3, 1991, which denied their motion for an order striking the case from the trial calendar and directing further discovery, including depositions of nonparty witnesses.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its dis*298cretion in denying the plaintiffs’ motion to strike the action from the trial calendar. The motion was made more than three years after the plaintiffs had…