Whitler Contracting Corp. v. City of New York

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about March 22, 1989, which, inter alia, granted plaintiff’s motion to open its default resulting from its failure to appear in opposition to defendant’s motion for discovery sanctions, and denied defendant’s motion to dismiss the action pursuant to CPLR 3126 with leave to renew upon plaintiff’s failure to comply with the discovery provisions of the order, unanimously affirmed, without costs.

Although plaintiff’s successive excuses for its failure to turn over certain requested documents until confronted with legal action…