Legal Opinion
Berkeley Federal Bank & Trust FSB v. 229 E. 53rd Street Associates
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 1997PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about November 16, 1995, which, inter alia, *490directed defendants-appellants to comply with previously noticed discovery, and marked their motion for summary judgment off calendar with leave to restore upon the completion of discovery, unanimously affirmed, with costs.
Appellants’ motion for summary judgment was properly stayed pursuant to CPLR 3212 (f) upon an ample showing that facts relevant to the subject pleading are exclusively within appellants’ knowledge and that appellants have repeatedly failed to comply with…
2Cases cited1 opinion
- Simpson v. Term Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
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- Pastor v. DeGaetanoAppellate Division of the Supreme Court of the State of New York · 2015
- Brown Harris Stevens Residential Sales, LLC v. Oxford Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Wasek v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011