Yanovsky v. 833 Flatbush, LLC

In an action to recover damages for personal injuries, the *670defendant Comjem Associated appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Martin, J.), dated August 28, 2008, as denied its motion to dismiss the action pursuant to CPLR 3126 for failure to comply with discovery, denied its separate motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, without prejudice to renewal upon the completion of discovery, and granted that branch of the plaintiffs cross motion which was to add Jem Realty…