Lend-Mor Mtge. Bankers Corp. v Nicholas
2011 NY Slip Op 05237 [85 AD3d 876]
June 14, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


Lend-Mor Mortgage Bankers Corp., Respondent,
v
Edward Nicholas et al., Defendants, and Ameriquest Mortgage Company, Appellant.

—[*1] Solomon & Siris, P.C., Garden City, N.Y. (Michael J. Siris and Bill Tsevis of counsel; Brian Shupak on the brief), for appellant.

Borchert, Genovesi, LaSpina & Landicino, P.C., Whitestone, N.Y. (Helmut Borchert of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Ameriquest Mortgage Company appeals from an order of the Supreme Court, Queens County (Cullen, J.), dated March 19, 2010, which denied that branch of its cross motion which was to compel the plaintiff to respond to certain discovery demands.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied that branch of the cross motion of the defendant Ameriquest Mortgage Company (hereinafter Ameriquest), which was to compel the plaintiff to respond to certain discovery demands.

Ameriquest's remaining contentions are without merit. Rivera, J.P., Skelos, Hall and Austin, JJ., concur.