ALERT MEDICAL PERSONNEL v. RERA


219 A.D.2d 691 (1995)

631 N.Y.S.2d 433

Alert Medical Personnel, Respondent, v. Philip Rera et al., Appellants

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

September 25, 1995


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is denied, and the sanctions are vacated.

Under the court's conditional order of preclusion, the defendants had 60 days from service of a copy of the order with notice of entry to comply with the plaintiff's discovery demands. The order was served by mail on August 31, 1993, giving the defendants until November 4, 1993 to serve their responses (see, CPLR 2103 [b] [2]; see...

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