Syllman v. 67-25 Dartmouth Street Corp.

—In an action, inter alia, to recover damages pursuant to a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Mi*580laño, J.), dated April 8, 1996, which denied his motion to strike a note of issue filed by the defendant and to restore his motion to compel discovery.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is granted.

In January 1995 the plaintiff brought a motion to compel discovery in this action as a result of the defendant’s failure to respond to requests for discovery and inspection. In June 1995 the…