Advanced Fertility Services v. Yorkville Towers Associates

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered October 16, 2008, which, in an action by a tenant against its landlord and managing agent for property damages and business interruption caused by water infiltration, granted *473defendants’ motion pursuant to CPLR 3126 to dismiss plaintiffs complaint for noncompliance with disclosure orders unless plaintiff provided certain discovery, mostly related to its business interruption claim, by October 28, 2008, unanimously modified, on the facts, to grant the motion unless, within 30 days after service of a copy of this order,…