Kohm v. Nostrand X Realty Associates

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered March 24, 2000, which denied the motion of defendant B. P. C. Management Corp. to vacate the court’s prior order striking its answer, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, the motion granted, the prior order vacated, and the answer reinstated.

*140In this action, the answer of defendant B. P. C. Management Corp. (BPC) was stricken after it failed to comply with court-ordered discovery. Seeking to vacate its default, BPC asserted that, due to confusion concerning the…