Appellate Division of the Supreme Court of the State of New York March 11, 2002 (Grisales v. City of New York)

In an action to recover damages for personal injuries, the plaintiffs Elkin Grisales and Rosa Grisales appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated May 2, 2001, which denied their motion pursuant to CPLR 3126 to strike the defendants’ answer or preclude them from offering any evidence in support of their position at trial.