Rappaport v. Blank

OPINION OF THE COURT

Anthony J. Mercorella, J.

This matter is of particular interest because it involves CPLR 3214 (subd [b]) which has generated very little case law activity.

Motion by defendant B. B. M. Realty Corp. to restore the motion to the calendar is granted. The original motion to strike the interrogatories returnable April 23, 1979 was marked off for failure of movant to appear. The court will *1021exercise its discretion and excuse movant’s default and herein decides that their request for a protective order should be granted.

CPLR 3214 (subd [b]) provides that disclosure is stayed pending…