Pena v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated October 30, 1997, which, inter alia, granted the defendant’s motion to set aside the jury verdict in favor of the plaintiff and directed that judgment be entered in favor of the defendant dismissing the complaint.

Ordered that the order is affirmed, with costs.

After jury selection and prior to trial, the plaintiff sought to preclude the testimony of a lifeguard on the ground that the defendant failed to comply with pretrial discovery orders to…