- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 11 2013 (Date Decided)
- Dillon, J.P.; Chambers, Sgroi and Miller, JJ.
JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, res, v. TRIANGULO REAL ESTATE CORPORATION, ap — (INDEX NO. 4918/10)In an action, inter alia, for a judgment declaring a life insurance policy null, void, and rescinded, the defendant appeals, by permission, from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 20, 2011, which, upon a prior order of the same court dated June 6, 2011, which, among other things, granted the plaintiff's motion pursuant to CPLR 3126 to strike the defendant's answer to the extent of directing the defendant to comply with certain discovery demands, and upon the plaintiff's submission of an "affirmation of non-compliance," granted the plaintiff's application to strike the answer.