Design Supply Marble & Granite, Inc. v. Mills

OPINION OF THE COURT

Jeffrey K. Oing, J.

Defendant, Phillip R. Mills, moves, pursuant to CPLR 3212, for an order granting summary judgment dismissing the complaint.

Plaintiff, Design Supply Marble and Granite, Inc., doing business as Stone Source, cross-moves, pursuant to CPLR 3126, for an order dismissing the counterclaims for defendant’s failure to respond to plaintiffs notice for discovery and inspection, and failure to appear for an examination before trial. In the alternative, plaintiff seeks an order precluding defendant from offering evidence regarding the items contained in the discovery…