MLB Industries, Inc. v. R. Freedman & Son, Inc.

— Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered August 8,1983 in Albany County, which denied defendant’s motion to compel further pretrial discovery or, in the alternative, to strike the note of issue. H In the underlying lawsuit, plaintiff seeks foreclosure of a mechanic’s lien, damages for breach of contract, recovery on an account stated and quantum meruit, all emanating from a contract to construct a foundation and install certain equipment. Following an order requiring compliance with plaintiff’s discovery notice, defendant was deposed and, instead of…