Bookazine Co. v. J & A Bindery, Inc.

Order, Supreme Court, New York County, entered August 25, 1977, granting motion to strike defendant’s answer, is reversed, on the law and the facts, and in the exercise of discretion, and the motion is denied, without costs and without disbursements. Defendant’s answer has been stricken for failure to comply with plaintiff’s notice of discovery and inspection dated December 27, 1976, after two orders of Special Term directing compliance with such notice of discovery and inspection. But two months before the notice of discovery and inspection plaintiff had filed a note of issue. With that note…