Baralan International, S.p.A. v. Avant Industries, Ltd.

Order, Supreme Court, New York County (Walter Tolub, J.), entered February 15, 1996, which denied defendant Avant’s motion to hold plaintiff in contempt, unanimously reversed, on the law, the motion granted, with costs, and the matter remitted to Supreme Court for a hearing to determine the amount of reasonable attorneys’ fees to be imposed as a fine for violation of discovery orders.

In our most recent review of this 18-year-old litigation, we scotched plaintiff’s attempt to limit sanctions by voluntarily discontinuing the action. Instead, we allowed plaintiff to discontinue only on condition…