Diamond v. Vitucci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Agate, J.), dated May 23, 2006, which granted the plaintiffs motion for an inquest on the issue of damages and denied their cross motion to vacate their default in opposing the plaintiffs motion pursuant to CPLR 3126 to strike their answer for failure to respond to a notice for discovery and inspection.
Ordered that the order is affirmed, with costs.
The plaintiff served the defendants with a notice for discovery and inspection on June 22, 2005. After the defendants…
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