Appellate Division of the Supreme Court of the State of New York April 10, 2007 (Maiorino v. City of New York)

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Kings County (Partnow, J.), dated September 28, 2005, as denied that branch of his motion which was to strike the defendant’s answer pursuant to CPLR 3126 (3), and (2) so much of an order of the same court (Hinds-Radix, J.