Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, the branch of motion which was to strike the answer is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages.
This action arises from the asthma-related death of the plaintiff's decedent while she was incarcerated in the defendant's correctional facility. For approximately three years,...
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