Appellate Division of the Supreme Court of the State of New York March 9, 1981 (Shannon v. Figueroa)

In an action to recover damages for wrongful death and conscious pain and suffering, defendant Compass Foreign Auto Parts, Inc., appeals (1) as limited by its brief, from so much of an order of the Supreme Court, Nassau County, dated April 1, 1980, as granted plaintiff’s motion, inter alia, to strike the appellant’s answer, to the extent of resolving the issue raised by its fifth affirmative