Wells Fargo Alarm Services v. Consumers Distributing Ltd.

In an action to recover damages for the breach of certain contracts, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), dated May 27, 1988, as denied its cross motion pursuant to CPLR 3126 to dismiss the complaint for the plaintiff’s failure to comply with certain court-ordered discovery and discovery notices and demands.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, on condition that counsel for the plaintiff personally pay $1,000 to the defendant within 30 days after service upon it of a copy of…