Gross v. 141-30 84th Road Apartment Owners Corp.

*448Order, Supreme Court, New York County (Carol R. Edmead, J.), entered January 21, 2011, which granted plaintiffs oral application to strike defendants’ answers, affirmative defenses and counterclaims for failure to comply with discovery orders, and set the case down for a trial on damages, unanimously reversed, on the law and the facts, without costs, defendants’ pleadings reinstated and the matter remanded for further proceedings.

Although Supreme Court’s order was not appealable as of right because it did not decide a motion made on notice (see CPLR 5701 [a] [2]), in the interest of judicial…