• Feb 13 2013 (Date Decided)
  • Dillon, J.P.; D. Angiolillo, Leventhal and Miller, JJ.
BLUE DIAMOND FUEL OIL CORP., res, v. LEV MANAGEMENT CORP., def, AMSTERDAM HOSPITALITY GROUP, LLC ap — (INDEX NO. 500262/09)In an action, inter alia, to recover damages for breach of contract, all the defendants except Lev Management Corp. appeal from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated July 8, 2011, as granted that branch of the plaintiffs motion which was for summary judgment on the issue of liability as against them and denied their cross motion for leave to serve a second amended answer, to compel the plaintiff to respond to their discovery demands and to appear for depositions, and to extend the time to file a note of issue.

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