Boyle v. City of New York

—Order, Supreme Court, New York County (Richard Braun, J.), entered November 23, 1998, which denied the motion of defendants-appellants to vacate a June 16, 1998 order (same court and Justice) striking the answer of defendant Rodriguez and directing an assessment of damages, unanimously reversed, on the law, without costs, and the answer reinstated.

While defendants Rodriguez, Carro, and Ibiza Restaurant answered plaintiff’s amended complaint together, only defendant Rodriguez’s answer was deemed stricken. The only possible reasoning supporting imposition of that sanction against Rodriguez…