Berkeley Fed. B. T. v. 229 E. 53rd St. A.

Full title: BERKELEY FEDERAL BANK TRUST FSB, Respondent, v. 229 E. 53RD STREET…

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

Date published: Sep 25, 1997

242 A.D.2d 489 (N.Y. App. Div. 1997)

662 N.Y.S.2d 481

Opinion

September 25, 1997

Appeal from Supreme Court, New York County (Leland DeGrasse, J.).

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). We have considered appellants' remaining contentions and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Colabella, JJ.