Appellate Division of the Supreme Court of the State of New York March 5, 2001 (Brown v. City of New York)

—In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 1999, which granted the defendants’ motion, in effect, to reargue the plaintiffs’ motion to strike their answer and, upon reargument, vacated a prior order of the same court dated May 5, 1999, striking the defendants’ answer upon their