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JAMES GILMORE, Indi v. dually and as Administrator of the Estate of RONALD GILMORE, Deceased, Appellant,

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court's denial of the plaintiff's cross motion to strike the answer constituted a proper exercise of discretion (see, Pietrowski v. City of New York, 166 A.D.2d 423; Dauria v City of New York, 127 A.D.2d 459). Accordingly, the parties should proceed with discovery in order to facilitate the resolution of the case. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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GILMORE v. NEW YORK CITY HOUSING AUTHORITY
(Mar 1, 1993)