Brooks v. City of New York

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated April 16, 2003, which granted the plaintiffs’ motion pursuant to CPLR 3126 to strike the answer for failure to timely comply with certain court-ordered discovery. The appeal brings up for review so much of an order of the same court dated August 7, 2003, as, upon renewal and reargument, adhered to the original determination (see CPLR 5517 [b]).

Ordered that the appeal from the order dated April 16, 2003, is dismissed, as that order was…