Neiman Ginsburg & Mairanz, P. C. v. Goldburd

OPINION OF THE COURT

Beverly S. Cohen, J.

The plaintiffs move for monetary sanctions for nonappear*126anee for an examination before trial and for a conditional order striking the defendants’ answers should they fail to appear. The defendants move by separate notice of motion, not denominated as a cross motion, to amend their answers to assert new affirmative defenses and for summary judgment dismissing the third through fifth causes of action in the complaint based on those defenses.

This action arises out of a fee dispute between defendant Joseph Goldburd and plaintiff Marvin Neiman, who are both…