Asman v. Durst

In an action, inter alia, to recover damages for assault and battery, the defendant appeals from a judgment of the Supreme Court, Nassau County (Diamond J.), entered January 20, 2011, which, upon an order of the same court (Phelan, J), dated April 15, 2010, granting the plaintiffs oral application to strike the answer based on the defendant’s failure to appear at a compliance conference, upon an order of the same court (Phelan, J.), entered August 30, 2010, denying the defendant’s motion to vacate the order dated April 15, 2010, and after an inquest on the issue of damages, is in favor of the…