Alert Medical Personnel v. Rera

In an action to recover damages, inter alia, for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 4, 1994, which granted the plaintiffs motion, inter alia, to dismiss their counterclaim and imposed sanctions of $500 against their attorney.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion is denied, and the sanctions are vacated.

Under the court’s conditional order of preclusion, the defendants had 60 days from service of a copy of the order with notice of entry to comply with the plaintiffs…