• 8987-8988
  • Oct 24 2011 (Date Decided)
  • Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.
8987-8988. MARLENE SCHER, plfres, v. PARAMOUNT PICTURES CORP. def-ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for ap — Robert D. Rosen, Roslyn, for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 24, 2011, which, in this personal injury action, to the extent appealed from as limited by the briefs, granted plaintiff's motion to strike defendants' answers, unanimously reversed, on the law and the facts, without costs, the motion denied, and the matter remanded for consideration of a less drastic sanction, after affording the parties an opportunity to be heard on the issue. Appeal from order, same court and Justice, entered March 2, 2012, which, upon reargument, adhered to the original determination, unanimously dismissed, without costs, as academic.

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