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MUNOZ v. ROCK GROUP NY CORP.

Index No. 21300/18E. Appeal No. 14215. Case No. 2021-00462.

200 A.D.3d 486 (2021)

155 N.Y.S.3d 81

2021 NY Slip Op 06827

Jose Munoz, Appellant, v. Rock Group NY Corp. et al., Respondents.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for appellant.

Roe & Associates, New York ( Christine L. Fontaine of counsel), for respondents.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, JJ.

The court providently exercised its discretion in denying plaintiff's motion either to strike defendants' answer or preclude defendants' biomechanical engineer's testimony at trial (see Louise v Hampton Jitney, Inc., 193 A.D.3d 514 [1st Dept 2021]; Rivera v New York City Hous. Auth., 177 A.D.3d 499 [1st Dept 2019]). At this stage of the proceedings, striking the answer or precluding the expert's testimony is too drastic a remedy (see Rutledge v Petrocelli...

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