Zaretz v. Parker

—In an action, inter alia, to recover damages for libel, the defendants Rodney Andrew Parker and Forest Hills Gardens Corporation appeal from an order of the Supreme Court, Queens County (Dye, J.), dated March 8, 1995, which denied their motion for summary judgment dismissing the complaint due to the plaintiffs’ failure to comply with so much of an order of the same court (Lisa, J.), dated September 23, 1994, as, inter alia, directed them to serve their response to the certain interrogatories within a specified time period.

*638Ordered that the appeal by the defendant Rodney Andrew Parker is…