Espinal v. New York City Health & Hospitals Corp.

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered March 1, 2013, as granted that branch of the plaintiffs motion which was pursuant to CPLR 3126 (3) to strike the answer.

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

Actions should be resolved on the merits wherever possible (see Maiorino v City of New York, 39 AD3d 601, 601 [2007]). However, the striking of a pleading may be an appropriate sanction where there is a clear showing that…