Simpson v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*602In an action, inter alia, to recover damages for wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 30, 2003, as upon reargument, adhered to its prior determination in an order dated March 28, 2003, granting the plaintiffs motion to strike their answer for failure to comply with discovery.
Ordered that the order is reversed insofar as appealed from, on the facts and as a matter of discretion, with costs, upon-reargument, the motion to strike the answer is denied, and the answer is reinstated.
Action…
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