WILLIAM FLYNN, APPELLANT-res, v. CITY OF NEW YORK, res-res

WILLIAM FLYNN, APPELLANT-res, v. CITY OF NEW YORK, res-res — (INDEX NO. 29059/95)In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated June 16, 2010, as, in effect, denied that branch of his motion which was pursuant to CPLR 3126 to strike the defendant's answer, and the defendant cross-appeals, as limited by its brief, from so much of the same order dated June 16, 2010, as, sua sponte, directed it to produce all documents in its possession pertaining to protective clothing for firefighters known as "bunker gear," in accordance with a schedule to be determined by a court-appointed referee, and (2) the plaintiff separately appeals, as limited by his brief, from so much of an order of the same court dated June 2, 2011, as, upon renewal, adhered to its original determination in the order dated June 16, 2010, denying that branch of his motion which was pursuant to CPLR 3126 to strike the defendant's answer, and the defendant separately cross-appeals, as limited by its brief, from so much of the same order dated June 2, 2011, as, sua sponte, directed it to comply with an order of a court-appointed referee dated July 23, 2010, directing it to produce all documents concerning "bunker gear," and precluding it from introducing at trial any evidence relating to a person identified and described as "the other Lt. Flynn," who is "not the same Lt. Flynn as plaintiff."

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WILLIAM FLYNN, APPELLANT-res, v. CITY OF NEW YORK, res-res — (INDEX NO. 29059/95)In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated June 16, 2010, as, in effect, denied that branch of his motion which was pursuant to CPLR 3126 to strike the defendant’s answer, and the defendant cross-appeals, as limited by its brief, from so much of the same order dated June 16, 2010, as, sua sponte, directed it to produce all documents in its possession pertaining to protective clothing for firefighters known as “bunker gear,” in accordance with a schedule to be determined by a court-appointed referee, and (2) the plaintiff separately appeals, as limited by his brief, from so much of an order of the same court dated June 2, 2011, as, upon renewal, adhered to its original determination in the order dated June 16, 2010, denying that branch of his motion which was pursuant to CPLR 3126 to strike the defendant’s answer, and the defendant separately cross-appeals, as limited by its brief, from so much of the same order dated June 2, 2011, as, sua sponte, directed it to comply with an order of a court-appointed referee dated July 23, 2010, directing it to produce all documents concerning “bunker gear,” and precluding it from introducing at trial any evidence relating to a person identified and described as “the other Lt. Flynn,” who is “not the same Lt. Flynn as plaintiff.”

ORDERED that the appeal and cross appeal from the order dated June 16, 2010, and the cross appeal from the order dated June 2, 2011, are dismissed; and it is further,

WILLIAM FLYNN, APPELLANT-res, v. CITY OF NEW YORK, res-res

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