Applied Electric Corp. v. City of New York

Orders, Supreme Court, New York County (A. Fraiman, J.), entered April 12, 1983, denying defendant city’s motions for summary judgment and to dismiss the complaint pursuant to CPLR 3126 for delay in serving answers to interrogatories, are unanimously modified, on the law and the facts, and in the exercise of discretion, to the extent that denial of said motions is conditioned upon payment to defendant city, respectively, by plaintiff in the Applied Electric Corporation case of $1,000, and by plaintiff in the Whitler Contracting Co., Inc., case of $2,000, costs, within 30 days after service of…