Mercado v. City of New York
Opinion of the Court
— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Eartnow, J.), dated March 26, 2004, which, in effect, denied their motion to strike the defendant’s answer.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the extreme sanction of striking the defendant’s answer was not warranted (see Byrne v
Case-law data current through December 31, 2025. Source: CourtListener bulk data.