Rodriguez v. Colasuonno

—In an action, inter alia, to recover damages for breach of an oral joint-venture agreement, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Milano, J.), dated March 14,1996, as, upon granting their motion to dismiss the complaint pursuant to CPLR 3216, conditioned the dismissal on the plaintiff’s failure to pay $750 to the defendants as and for legal fees and to provide discovery.

Ordered that the order is modified, on the law, by deleting the provisions thereof which conditioned the dismissal of the complaint on the plaintiffs…