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RAMOS v. STERN

8417, 23981/06, 8417A.

100 A.D.3d 409 (2012)

953 N.Y.S.2d 581

2012 NY Slip Op 7380

Luis RAMOS, Respondent, v. MICHAEL STERN, Appellant, and CHAMP CONSTRUCTION CORP. et al., Respondents, et al., Defendants.

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

November 8, 2012.

Defendant Stern's motion for summary judgment was properly denied, as he never moved to vacate a self-executing, conditional order, entered upon the parties' stipulation, which called for the striking of his answer in the event he failed to comply with specified discovery demands within 60 days (see generally Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 80 [2010]; AWL Indus., Inc. v QBE Ins. Corp., 65 A.D.3d...

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