Northway Engineering, Inc. v. Felix Industries, Inc.

Mikoll and Yesawich, Jr., JJ.,

dissent and vote to reverse in a memorandum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent.

Supreme Court granted plaintiff’s motion for summary judgment upon the grounds that (1) Felix failed to comply with appropriate discovery demands, (2) a preclusion order had been entered with regard to the counterclaims, (3) Felix had not attended by a principal of the corporation for appropriate judicial inquiry, and (4) plaintiff had documented in its submissions entitlement to the relief sought.

*1135There should be a reversal. Summary judgment is a harsh…