Thomas v. Drifters, Inc.

In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rutledge, J.), dated September 20, 1993, as (1) denied the motion of the defendant Atlantic Recording Corp. to dismiss the complaint insofar as it is asserted against it, and (2) granted the plaintiffs’ cross motion to strike the defendants’ answers pursuant to CPLR 3124 and 3126 unless the defendants respond to all outstanding demands for discovery within 45 days of service of a copy of the order.

Ordered that the order is…