Ripka Rotter & King, LLP v. Kahn Gordon Timko & Rodriguez, P.C.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered January 12, 2011, which, insofar as appealed from as limited by the briefs, held that plaintiff waived its right to certain discovery and issued a conditional order of preclusion against plaintiff, unanimously reversed, on the law and the facts, without costs and the order vacated.

The court’s imposition of discovery sanctions pursuant to CFLR 3126 against plaintiff was improper, since plaintiff had not been afforded notice that such sanctions could result (see Cherokee Owners Corp. v DNA Contr., LLC, 74 AD3d 411, 411-412…