M. FABRIKANT & SONS, INC. v. OVERTON & CO. CUSTOMS BROKERS, INC.


182 A.D.2d 570 (1992)

M. Fabrikant & Sons, Inc., et al., Respondents, v. Overton & Co. Customs Brokers, Inc., Respondent, and Stewart Armored, Ltd., Appellant and Third-Party Plaintiff-Appellant. Edward G. Carter, as Lead Underwriter on Behalf of the Interested Underwriters, Terra Nova Insurance Company, Third-Party Defendant-Respondent

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

April 28, 1992


Upon defendant's default on a motion to preclude for failure to comply with discovery demands, a conditional order of preclusion was granted allowing defendant an additional 45 days to comply with the outstanding demands. Unaware that a conditional order had been granted, defendant moved to vacate its default while simultaneously providing its discovery responses. The IAS court denied the notice to vacate the default, finding an...

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