| Lolly v Brookdale University Hospital and Medical Center |
| Motion No: 2005-06791 |
| Slip Opinion No: 2006 NYSlipOp 68615(U) |
| Decided on May 11, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39515
C/sl
A. GAIL PRUDENTI, P.J.
DANIEL F. LUCIANO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-06791 Theresa Lolly, appellant, v Brookdale University Hospital and Medical Center, respondent, et al., defendants. (Index No. 5241/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2005, which was determined by decision and order of this court dated January 24, 2006, to strike the respondent's answer on the ground that the respondent has failed to comply with the decision and order of this court. Cross motion by the respondent to impose costs and a sanction upon the appellant's attorney.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, without prejudice to the appellant seeking relief in the Supreme Court, Kings County; and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., LUCIANO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court