Appellate Division of the Supreme Court of the State of New York October 5, 1987 (Smalley v. City of Poughkeepsie)

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), entered June 2, 1986, which denied their motion to strike the plaintiffs’ note of issue.

Ordered that the order is reversed, with costs, and the motion is granted.