Silverman v. Caplin

—In an action for an accounting, the defendant appeals from an order of the Supreme Court, Nassau County (Saladino, J.), dated March 19, 1991, which denied his motion to strike the note of issue.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the note of issue is stricken; and it is further,

Ordered that the plaintiff’s time to respond to the defendant’s interrogatories and notice to produce is extended until 60 days after service upon him of a copy of this decision and order, with notice of entry.

Discovery had not been completed in this case since the…