GILMORE v. NEW YORK CITY HOUS. AUTH.


191 A.D.2d 412 (1993)

596 N.Y.S.2d 692

James Gilmore, Individually and as Administrator of The Estate of Ronald Gilmore, Deceased, Appellant, v. New York City Housing Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 1, 1993


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court's denial of the plaintiff's cross motion to strike the answer constituted a proper exercise of discretion (see, Pietrowski v City of New York, 166 A.D.2d 423; Dauria v City of New York, 127 A.D.2d 459). Accordingly, the parties should proceed with discovery in order to facilitate the...

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