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535 BROADWAY ASSOC. v. COMMERCIAL CORP. OF AMERICA

No. 91 Civ. 8129(SS).

159 B.R. 403 (1993)

535 BROADWAY ASSOCIATES, Plaintiff, v. COMMERCIAL CORPORATION OF AMERICA, a/k/a CMC, Defendant.

United States District Court, S.D. New York.

September 1, 1993.

Attorney(s) appearing for the Case

Leonard A. Sclafani, Polatsek and Sclafani, New York City, for plaintiff 535 Broadway Associates.

Douglas H. Meal, Matthew T. Collins, Ropes & Gray, Boston, MS, for defendant Commercial Mortg. Corp. of America.

OPINION AND ORDER

SOTOMAYOR, District Judge.

Defendant Commercial Corporation of America moves, pursuant to Fed.R.Civ.P. 37(d) or in the alternative Fed.R.Civ.P. 37(b)(2)(C), to dismiss plaintiff 535 Broadway Associates' breach of contract claim for plaintiff's failure to respond for over a year to defendant's discovery requests and failure to comply with this Court's discovery orders. Following a hearing on this matter and for the reasons set forth below...

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