McKITHEN v. CITY OF NEW YORK

ORDERED that the appeal from the order dated October 7, 1998, is dismissed, as no appeal lies from an order denying a motion for reargument; and it is further,

ORDERED that the order dated July 29, 1998, is affirmed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

The Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion to strike the defendants' answer based upon their failure to comply with the plaintiff's discovery demands ( see, CPLR 3126; DiDomenico v. C S Aeromatick Supplies, 252 A.D.2d 41; Ferraro v. Koncal Assoc., 97 A.D.2d 429).

The plaintiff's remaining contention does not require reversal.

BRACKEN, J.P., RITTER, ALTMAN, and FRIEDMANN, JJ., concur.