NATHALIE E. EDWARDS res, v. PRESCOTT CAB CORP. ap — (INDEX NO. 27511/05)In an action to recover damages for personal injuries, etc., the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated June 18, 2012, as granted that branch of the plaintiffs' motion which was to strike the answer insofar as asserted by the defendant Raja Jurat Hossain for repeated failure to comply with discovery orders, and to preclude that defendant from testifying at trial, and (2) from an order of the same court dated June 20, 2012, which denied their cross motion for summary judgment dismissing the complaint on the ground that the plaintiff Nathalie E. Edwards did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
NATHALIE E. EDWARDS res, v. PRESCOTT CAB CORP. ap
SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
October 4, 2013