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CLASSIC LEATHER, INC. v. TAYLOR & KATZ PROPERTIES LTD.

27 A.D.3d 218 (2006)

809 N.Y.S.2d 453

CLASSIC LEATHER, INC., Respondent, v. TAYLOR & KATZ PROPERTIES LTD. et al., Appellants.

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

March 2, 2006.

Given that plaintiff, which has not filed a respondent's brief on this appeal, did not contest defendants' statement that discovery has not been completed, defendants' motion to strike the note of issue should at least have been granted conditionally, as above indicated. Absent compliance by plaintiff with this Court's present order, the imposition by the trial court of sanctions, including attorneys' fees and a preclusion order...

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