BERKELEY FEDERAL BANK TRUST FSB v. Sculpturesque Nail Salon, et al., Defendants. (1997)

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

BERKELEY FEDERAL BANK & TRUST FSB, Plaintiff-Respondent, v. 229 E. 53RD STREET ASSOCIATES, et al., Defendants-Appellants, Mikel Carvin, et al., Defendants-Respondents, Sculpturesque Nail Salon, et al., Defendants.

Decided: September 25, 1997

Before ROSENBERGER, J.P., and ELLERIN, WILLIAMS, TOM and COLABELLA, JJ.

Aine M. Santry, Jerold C. Feuerstein, for defendants-appellants. David Rosenberg, for defendants-respondents.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about November 16, 1995, which, inter alia, directed defendants-appellants to comply with previously noticed discovery, and marked their motion for summary judgment off calendar with leave to restore upon the completion of discovery, unanimously affirmed, with costs.

Appellants' motion for summary judgment was properly stayed pursuant to CPLR 3212(f) upon an ample showing that facts relevant to the subject pleading are exclusively within appellants' knowledge and that appellants have repeatedly failed to comply with respondents' discovery requests (see, Simpson v. Term Indus., 126 A.D.2d 484, 486, 510 N.Y.S.2d 873). We have considered appellants' remaining contentions and find them to be without merit.

MEMORANDUM DECISION.

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