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Hertzberg & Sanchez P.C. v Friendship Dairies Inc.
2003 NY Slip Op 51562(U)
Decided on November 21, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and LIFSON, JJ.
NO. 2002-1575 N C

HERTZBERG & SANCHEZ P.C., Appellant,

against

FRIENDSHIP DAIRIES INC. f/k/a FRIENDSHIP FOOD PRODUCTS INC., Respondent.


Appeal by plaintiff from an order of the District Court, Nassau County (H. Miller, J.), entered September 16, 2002, which granted defendant's motion striking plaintiff's complaint, deemed an appeal from the judgment entered thereon on October 22, 2002 (see Neuman v Otto, 114 AD2d 791).


Judgment unanimously affirmed without costs.

In our opinion, under, the circumstances herein, the dismissal of the pleading for failure to timely respond to the interrogatories within the time required by the June 27, 2002 order did not constitute an abuse of the court's discretion.
Decision Date: November 21, 2003