Smith v. City of New York

—In a negligence action to recover damages for personal injuries, etc., the third-party defendant appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), entered October 25, 1995, upon the third-party defendant’s default in complying with a prior order of the same court dated March 9, 1995, granting the third-party plaintiffs’ cross motion for summary judgment unless the third-party defendant responded to certain discovery, which is in favor of the defendant and third-party plaintiff and against it.

Ordered that the appeal is dismissed, without costs or disbursements.

The…