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APW, INC. v. MARX REALTY & IMPROVEMENT CO. INC.

291 A.D.2d 333 (2002)

739 N.Y.S.2d 114

APW, INC., et al., Respondents, v. MARX REALTY & IMPROVEMENT CO. INC., et al., Appellants. (And Other Actions.)

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

Decided February 26, 2002.

The motion court exercised its discretion properly in limiting the sanction pursuant to CPLR 3126 for plaintiffs' delay in answering defendants' bill of particulars respecting plaintiffs' claimed lost profits to a conditional dismissal and an award of costs (see, Chadbourne & Parke v Coleman, 281 A.D.2d 278, lv dismissed 97 N.Y.2d 638). Also proper was the court's denial of...

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