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ESPINAL v. CITY OF NEW YORK

264 A.D.2d 806 (1999)

695 N.Y.S.2d 610

NORBERTO ESPINAL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 27, 1999.

Ordered that the orders are reversed insofar as appealed from, as a matter of discretion, with costs, the motion is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Kings County, for an inquest as to damages.

Although actions should be resolved on the merits wherever possible (see, Cruzatti v St. Mary's Hosp., 193 A.D.2d 579, 580), a court may, inter alia, strike the "pleadings or parts...

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