WALKER v. FOREMAN

9470-113279/07, 9470A.

104 A.D.3d 460 (2013)

963 N.Y.S.2d 625

2013 NY Slip Op 1494

ROCK J. WALKER, Appellant, v. SCOTT FOREMAN, Also Known as SKOT FOREMAN, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

March 12, 2013.


Order, Supreme Court, New York County (Paul Wooten, J.), entered May 6, 2011, which granted defendant's motion to strike plaintiff's pleadings, unanimously affirmed, without costs. Judgment, same court and Justice, entered July 14, 2011, awarding defendant damages in the amount of $116,530, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new inquest on damages.

The court providently exercised its discretion in striking...

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