Opinion
July 1, 1997
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The court did not improvidently exercise its discretion in denying third-party plaintiff's motion for reasonable expenses for the third-party defendants' failure to respond to the notices to admit under CPLR 3123 and choosing to defer that matter, as provided by statute, to the conclusion of the trial. Nor was it an abuse of its discretion to deny sanctions authorized under 22 NYCRR part 130 or under CPLR 3103, or to otherwise order costs and/or attorneys' fees at this time ( see, Lipin v. Bender, 84 N.Y.2d 562, 570).
Concur — Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.