Rogonia v. Ferguson

John H. Galloway, Jr., J.

This is a motion by the plaintiff pursuant to CPLR 3126 for an order against the defendant Ferguson 1) striking the answer of the defendant for failure to *299appear for examination before trial, pursuant to notice and subsequent order; 2) severing the action against the defendant; 3) directing the entry of judgment in favor of plaintiff against the defendant Ferguson; and 4) setting the matter down upon inquest for an assessment of damages. In this action plaintiff, a passenger, sues for injuries sustained when a vehicle owned by defendant Antoinello and operated by…