Von Maknassy v. Moran

—Order, Supreme Court, New York County (Milton Tingling, J.), entered July 17, 2001, which, to the extent appealed from, denied plaintiffs motion for partial summary judgment on the issue of liability, to treat defendants’ answer as a nullity and for sanctions and preclusion, unanimously affirmed, without costs.

The motion court properly denied plaintiff’s motion for partial summary judgment on the issue of liability since there was a triable issue as to whether plaintiff, who had a preexisting cervical spine condition and who allegedly suffered a herniated disc when he was struck by a vehicle…