Al Haag & Son Plumbing & Heating, Inc. v. Kuba Realty Corp.

*76OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and defendant’s motion to vacate the “default” judgment and restore the matter to the trial calendar is granted.

In this action for breach of contract, the parties entered into a stipulation, which was so-ordered by the court, that provided that defendant would be precluded from offering evidence at trial, and its answer and counterclaims would be stricken, if it did not serve responses to plaintiffs discovery demands within 60 days of the date of the stipulation. Defendant failed to provide a timely response to…