Bandike Associates, Inc. v. B. B. M. Realty Corp.

Appeals from orders of the Supreme Court at Special Term, entered July 2, 1976 and July 26, 1976 in Sullivan County, which (1) denied defendant’s motion to strike the within action from the Ready Calendar; to direct the service of an amended complaint; and to permit discovery, and (2) granted plaintiff’s motion for a protective order. When this matter was previously before this court, we modified the judgment appealed from and directed a new trial limited solely to the issue of damages (Bandike Assoc, v B. B. M. Realty Corp., 44 AD2d 622). The action was thereafter placed on the Ready…