Atlas Door Corp. v. Barline Contracting Crane Service, Inc.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated May 7, 1991, which granted the defendant’s motion, in effect, to vacate its default in complying with an order of the same court, dated November 14, 1990, and denied its motion to strike the defendant’s answer and counterclaim.

Ordered that the order is affirmed, with costs.

On November 14, 1990, the court issued an order directing the defendant to comply with the plaintiff’s discovery demands. Thereafter, upon the defendant’s failure to comply…