ZDG LLC v. 310 GROUP LLC

Index No. 656537/16. Appeal No. 13715-13715A. Case No. 2019-03798.

193 A.D.3d 668 (2021)

148 N.Y.S.3d 63

2021 NY Slip Op 02622

ZDG LLC, Respondent, v. 310 Group LLC, Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. PC Structures of NY LLC, Doing Business as Paramount Concrete Structures, et al., Third-Party Defendants, and TSC 2014, LLC, et al., Third-Party Defendants-Respondents.

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Hollander Law Group, PLLC, Great Neck ( Michael R. Strauss of counsel), for appellant.

Sheppard, Mullin, Richter & Hampton LLP, New York ( Sophia L. Cahill of counsel), for ZDG, LLC, respondent.

Giordano Glaws & Fenstermacher LLP, New York ( Charles T. Glaws of counsel), for TSC 2014, LLC, respondent.

Costello, Shea & Gaffney LLP, Rockville Centre ( Alan T. Blutman of counsel), for Gary Labovskiy, respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.


The court, which, on its own motion, struck defendant's pleadings in the August 12, 2019 order, following defendant's failure to comply with several earlier orders, including a conditional order, providently exercised its discretion in denying defendant's motion for renewal. The conditional order required defendant to provide responses by certain dates and stated that failure to provide discovery as required "will result" in its answer and third-party complaint being struck...

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