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YOUNI GEMS CORP. v. BASSCO CREATIONS INCORPORATED

70 A.D.3d 454 (2010)

YOUNI GEMS CORP. et al., Appellants-Respondents, v. BASSCO CREATIONS INCORPORATED, Defendant, and EFRAIM BASALEL et al., Respondents-Appellants.

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

Decided February 9, 2010.

The April 16, 2007 order striking defendants' answer and counterclaim for failure to comply with a prior discovery order and directing an inquest on the issue of plaintiffs' damages was the result of a contested motion on notice and therefore was directly appealable (see Achampong v Weigelt, 240 A.D.2d 247 [1997]; Spatz v Bajramoski, 214 A.D.2d 436

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