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LaROCCA v. BAYWOOD AT NOYACK, INC.

241 A.D.2d 308 (1997)

659 N.Y.S.2d 40

N. Dante Larocca et al., Plaintiffs, v. Baywood at Noyack, Inc., et al., Defendants. Hayt, Hayt & Landau, Third-Party Plaintiff-Appellant, v. Edward H. Honig et al., Third-Party Defendants-Respondents. Kaufman, Feiner, Yamin, Gildin & Robbins, et al., Nonparty Respondents

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

July 1, 1997

The court did not improvidently exercise its discretion in denying third-party plaintiff's motion for reasonable expenses for the third-party defendants' failure to respond to the notices to admit under CPLR 3123 and choosing to defer that matter, as provided by statute, to the conclusion of the trial. Nor was it an abuse of its discretion to deny sanctions authorized under 22 NYCRR part 130 or under CPLR 3103, or to otherwise order...

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