DeGraff Moffly/General Contractors, Inc. v. Krolick

Appeal from an order of the Supreme Court (Keegan, J.), entered April 6, 1992 in Albany County, which, inter alia, *965denied defendant’s cross motion for summary judgment dismissing the complaint.

By order entered January 2, 1991, plaintiff was precluded from introducing at trial any evidence of a contract with defendant or of damages unless it complied with defendant’s demand for statements, notice to produce and interrogatories within 30 days after service thereof with notice of entry. On February 7, 1991, one day following the expiration of the 30-day period, plaintiff moved pursuant to CPLR…