Williams v Hempstead School Dist.

Williams v Hempstead School Dist. 2007 NY Slip Op 09581 [46 AD3d 550] December 4, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Oleda Williams, Individually and as Administrator of the Estate of Bryce Williams, Deceased, Appellant,
v
Hempstead School District et al., Respondents.

—[*1] Hanshe & Hanshe, PLLC, Sayville, N.Y. (Joseph A. Hanshe and Matthew Moisan of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Christine Gasser of counsel), for respondents.

In an action to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated December 12, 2006, which denied her motion, inter alia, pursuant to CPLR 3126 to strike the defendants' answer.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion, inter alia, pursuant to CPLR 3126 to strike the defendants' answer (see Goll v American Broadcasting Cos., Inc., 10 AD3d 672 [2004]). Santucci, J.P., Krausman, Lifson and McCarthy, JJ., concur.