Auto Collection, Inc. v. C.P.

*622In an action, inter alia, to recover damages for breach of fiduciary duty, the defendant C.E appeals from an order of the Supreme Court, Kings County (Demarest, J.), entered February 4, 2011, which granted the plaintiffs’ motion to strike his opposition to a certain notice to admit and to deem the facts stated therein admitted unless he responded, under oath, to the notice to admit within 20 days. By decision and order on motion dated March 2, 2011, this Court granted the motion of the defendant C.E to stay enforcement of the order entered February 4, 2011, pending the hearing and…