Long Island Diagnostic Imaging, P. C. v. Stony Brook Diagnostic Associates

In an action, inter alia, for a judgment declaring that the plaintiff is not in default under an agreement with the defendants, the plaintiff and the third-party defendant appeal from an order of the Supreme Court, Suffolk County (Henry, J.), dated September 21, 1999, which, in effect, denied their motion to strike certain counterclaims asserted in the defendants’ answer and certain causes of action in the third-party complaint pursuant to CPLR 3126 and, sua sponte, designated a judicial hearing officer to supervise disclosure, and the defendants third-party plaintiffs cross-appeal from the…