Opinion
November 26, 1990
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly denied the appellant's application for summary judgment dismissing the complaint insofar as it is asserted against it on the ground that facts essential to oppose the motion might exist but could not be stated by the plaintiff because of the appellant's failure to comply with certain outstanding discovery requests (see, CPLR 3212 [f]; Nodelman v. L.C.V. Realty Corp., 143 A.D.2d 122, 123; Bank Leumi Trust Co. v. Felner, 70 A.D.2d 869; Connell v. City of New York, 102 Misc.2d 585; cf., Meath v. Mishrick, 68 N.Y.2d 992, 994-995; Guarino v. Mohawk Containers Co., 59 N.Y.2d 753; Hecht v. Vanderbilt Assocs., 141 A.D.2d 696; Witte v. Incorporated Vil. of Port Washington N., 114 A.D.2d 359). Mangano, P.J., Bracken, Lawrence and Kunzeman, JJ., concur.