Home/Appellate Division of the Supreme Court of New York/Berkeley Federal Bank & Trust FSB v. 229 E. 53rd Street Associates

Berkeley Federal Bank & Trust FSB v. 229 E. 53rd Street Associates

242 A.D.2d 489, 662 N.Y.S.2d 481, 1997 N.Y. App. Div. LEXIS 9102
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 25, 1997
StatusPublished
Cited by5 cases

This text of 242 A.D.2d 489 (Berkeley Federal Bank & Trust FSB v. 229 E. 53rd Street Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berkeley Federal Bank & Trust FSB v. 229 E. 53rd Street Associates, 242 A.D.2d 489, 662 N.Y.S.2d 481, 1997 N.Y. App. Div. LEXIS 9102 (N.Y. Ct. App. 1997).

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about November 16, 1995, which, inter alia, [490]*490directed defendants-appellants to comply with previously noticed discovery, and marked their motion for summary judgment off calendar with leave to restore upon the completion of discovery, unanimously affirmed, with costs.

Appellants’ motion for summary judgment was properly stayed pursuant to CPLR 3212 (f) upon an ample showing that facts relevant to the subject pleading are exclusively within appellants’ knowledge and that appellants have repeatedly failed to comply with respondents’ discovery requests (see, Simpson v Term Indus., 126 AD2d 484, 486). We have considered appellants’ remaining contentions and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Williams, Tom and Colabella, JJ.

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Bluebook (online)
242 A.D.2d 489, 662 N.Y.S.2d 481, 1997 N.Y. App. Div. LEXIS 9102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkeley-federal-bank-trust-fsb-v-229-e-53rd-street-associates-nyappdiv-1997.