Stella Theatres, Inc. v. United Artists Theatre Circuit, Inc.

— In an action, inter alia, to recover damages for breach of a sublease, the defendant and third-party plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated April 9, 1987, which denied its motion to strike the complaint and the third-party defendant’s answer for willful failure to disclose certain expert opinion evidence or, in the alternative, to compel disclosure of such material.

Ordered that the order is affirmed, with costs.

The amended provisions of CPLR 3101 (d) in effect at the time of this appeal are applicable only to actions commenced on or after…