Garcia v. La Fortuna Restaurant, Inc.

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered April 8, 2013, which denied the motion of defendants La Fortuna Restaurant, Inc. and Raymond Portoreal for leave to renew the prior order, same court and Justice, entered December 20, 2011, granting plaintiffs motion to strike their answer, unanimously affirmed, without costs.

On a prior appeal, we affirmed the motion court’s order striking defendants La Fortuna Restaurant and Portoreal’s answer (102 AD3d 638 [1st Dept 2013]). The motion court properly determined that the transcript of Portoreal’s partial deposition and his…