Bastein v. Sotto

In an action, inter alia, to recover damages for assault and battery, the plaintiffs appeal, as *433limited by their brief, from so much of an order of the Supreme Court, Queens County (Dye, J.), dated March 4, 2002, as denied those branches of their motion which were for summary judgment on the issue of liability against the defendant Carmen Sotto on the assault and battery causes of action, to strike the answer of that defendant or preclude him from testifying at trial, and to compel the defendants to comply with discovery demands to produce a copy of any statement made by the defendant Carmen…