POLIR CONSTRUCTION, INC. v. ETINGIN


297 A.D.2d 509 (2002)

747 N.Y.S.2d 20

POLIR CONSTRUCTION, INC., Appellant, v. MAKS ETINGIN et al., Respondents.

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

Decided September 12, 2002.


Plaintiff commenced this action to recover $107,082.36 allegedly due and owing for goods and labor provided in connection with construction projects at three properties owned by defendants. Plaintiff served interrogatories in October 1998, and defendants served their responses in January 1999. Dissatisfied with defendants' responses, plaintiff moved to strike their answers. Upon defendants' failure to appear at a February 26, 1999 calendar call, the IAS court conditionally...

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