MOOG v. CITY OF NEW YORK


30 A.D.3d 490 (2006)

820 N.Y.S.2d 593

FRANCES MOOG et al., Appellants, v. CITY OF NEW YORK, Defendant, and STATE ISLAND UNIVERSITY HOSPITAL et al., Respondents.

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

June 13, 2006.


Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying that branch of the motion which was to strike the answer of the defendant Staten Island University Hospital and substituting therefor a provision granting that branch of the motion to the extent that the defendant Staten Island University Hospital is precluded from offering evidence at trial that its employees attempted to open the elevator door at the time...

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