Lekutanovic v. City of New York

Order, Supreme Court, Bronx County (Stanley Green, J.), entered *379July 14, 1999, which denied plaintiffs’ motion to strike the municipal defendant’s answer and granted that defendant’s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the cross motion denied, and the motion granted unless said defendant complies with plaintiffs’ discovery demand within 30 days of service of a copy of this order with notice of entry.

There was no justification for granting summary judgment to the municipal defendant before it had complied with plaintiffs’…