RUBENS v. STO INDUS., INC.


160 A.D.2d 662 (1990)

Richard Rubens et al., Appellants, v. STO Industries, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 1990


In this six-year-old action, arising from alleged defects in materials and workmanship in the application of insulating and protective finishes to plaintiffs' house, plaintiffs have yet to comply with earlier discovery directives of the court, including a directive that they submit to depositions, in 1987 and 1988. The second such discovery directive was made in the course of denying defendants' motion in 1988 to dismiss pursuant to CPLR 3216. In these circumstances, upon...

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