Board of Managers of the Atrium Condominium v. West 79th Street Corp.

Order, Supreme Court, New York County (Herman Cahn, J.), entered May 14, 2004, which denied defendant’s motion for a default judgment on its counterclaims or, alternatively, further disclosure in connection with the alleged default, and granted defendant’s motion for disclosure sanctions on account of plaintiffs failure to appear at a court-ordered deposition only to the extent of rescheduling the deposition and awarding defendant a money penalty (incorrectly denominated a contempt sanction) to be assessed after the deposition is conducted, unanimously affirmed, without costs.

Assuming in…