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BROWN v. CITY OF NEW YORK

281 A.D.2d 381 (2001)

721 N.Y.S.2d 281

EVELYN BROWN et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 5, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants' motion, in effect, to reargue the plaintiffs' motion to strike their answer (see, Caccioppoli v Long Is. Jewish Med. Ctr., 271 A.D.2d 565; Fellin v Sahgal, 268 A.D.2d 456). The defendants established that they did not default in responding to the motion...

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