VSP Associates v. 46 Estates Corp.

Order, Supreme Court, New York County (Charles Ramos, J.), entered July 30,1996, which, to the extent appealed from as limited by plaintiff’s brief, granted defendants’ motion to dismiss the complaint for plaintiff’s failure to comply with a prior order of preclusion, unanimously affirmed, with costs.

The amended notice of motion to dismiss the complaint was valid since it was properly served upon plaintiff shortly after service of the original, which included affirmations and exhibits in support. When plaintiff failed to respond to the discovery demands within the 30 day limit set in the…