Whitney Lane Holdings, LLC v. Don Realty, LLC

Lahtinen, J.P.

Appeal from an order of the Supreme Court (Ferradino, J.), entered May 16, 2014 in Saratoga County, which granted defendants’ motion to vacate a prior order of the court.

This action involves a dispute about a commercial real estate transaction. Alleging noncompliance with some of its discovery demands, plaintiff moved for a preclusion order and to strike defendants’ answer. Defendants did not submit any papers in opposition and, accordingly, Supreme Court granted the mo tion. Defendants promptly moved to vacate the order asserting, among other things, that they had not been…