Henderson v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered on or about February 6, 2009, which denied defendants-appellants’ motion to vacate an order, same court and Justice, entered June 20, 2007, granting plaintiff’s motion to strike their answer unless they fully complied with certain discovery demands within 60 days after service of the order and paid a $1,000 penalty to plaintiff, affirmed, without costs.

Given the five-day extension under CPLR 2103 (b) (2), defendants-appellants’ August 29, 2007 submissions were timely (see e.g. Penn v American Airlines, 192 AD2d 385 [1993]).…