Friedler v. Palyompis

*502In an action, inter alia, to recover damages for breach of contract and broker negligence, the defendant Coldwell Banker, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated September 8, 2004, as denied its motion, inter alia, pursuant to CPLR 3126 to strike the complaint for failure to comply with discovery demands and, in effect, to compel the plaintiffs to answer its interrogatories.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was, in effect, to…