Powerhouse Constr. v Samuel

[*1] Powerhouse Constr. v Samuel 2004 NY Slip Op 50698(U) Decided on June 30, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-1181 K C

POWERHOUSE CONSTRUCTION, INC., Respondent,

against

RICHARD SAMUEL AND MIRNA SAMUEL, Appellants.

Appeal by defendants from an order of the Civil Court, Kings County (E. Prus, J.), entered June 25, 2003, denying their motion to strike plaintiff's pleadings, dismiss the action and enter a default judgment in their favor on the counterclaims.

Order unanimously modified by providing that defendants' motion is denied on condition that plaintiff comply with defendants' discovery demands in accordance with this decision within 30 days of the date of the order hereon; otherwise defendants' motion is granted dismissing plaintiff's action and awarding judgment in defendants' favor on the counterclaims; as so modified, affirmed without costs.

Upon a review of the record, we find that plaintiff did not provide responsive answers to defendants' interrogatories numbered 9, 10, 11, 12, 16, 17, 18, 19 and "Second Items" numbered 15, 16 and 17, nor did it properly comply with defendants' requests for documents numbered 8, 10, 12, 14 and 15. Under the circumstances, plaintiff should be provided with a final opportunity to do so.
Decision Date: June 30, 2004