Chiambalero v. Waldbaum's Supermarket, Inc.

—Order and judgment (one paper), Supreme Court, Bronx County (Barry Salman, J.), entered January 21, 1997, granting the motion of defendants Waldbaum’s and Best for summary judgment dismissing the complaint and denying plaintiff’s cross-motion to dismiss Best’s answer for discovery non-compliance, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion denied, the cross motion granted, the complaint reinstated and defendant Best’s answer stricken.

Under the circumstances herein, summary judgment should have been denied to both defendánts and…