Appellate Division of the Supreme Court of the State of New York September 22, 2009 (DeLeon v. New York City Housing Authority)

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), *931entered November 28, 2007, which granted defendant’s motion for summary judgment dismissing the complaint and denied as moot plaintiffs cross motion for summary judgment on the issue of liability or, in the alternative, to strike defendant’s answer for failure to comply with discovery orders, unanimously affirmed, without costs.