Alert Medical Personnel v. Rera

Full title: ALERT MEDICAL PERSONNEL, Respondent, v. PHILIP RERA et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 25, 1995

219 A.D.2d 691 (N.Y. App. Div. 1995)

631 N.Y.S.2d 433

Opinion

September 25, 1995

Appeal from the Supreme Court, Suffolk County (Gerard, J.).

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is denied, and the sanctions are vacated.

Under the court's conditional order of preclusion, the defendants had 60 days from service of a copy of the order with notice of entry to comply with the plaintiff's discovery demands. The order was served by mail on August 31, 1993, giving the defendants until November 4, 1993 to serve their responses (see, CPLR 2103 [b] [2]; see also, Sultana v Nassau Hosp., 188 A.D.2d 647). The defendants complied with the court's order by serving their responses on November 1, 1993. Accordingly, the defendants' counterclaim should not have been dismissed and sanctions should not have been imposed. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.