זלונים געווינען אנטקעגן ר' נחמן בראך

Defendant:

Noel Hauser & Associates

NY NY

Arthur M. Schack, J.

The only remaining issues in this 18-year-old case are counterclaims by defendants Nachman Brach, Inc. f/k/a 26 Adar N.B. Corp. (Adar) and Nachman Brach, for the use and occupancy of the premises at 533-541 Bedford Avenue, Brooklyn, New York, as a synagogue by plaintiffs Congregation Yetev Lev D'Satmar, Inc. (CYL), and the other plaintiffs. However, defendants have failed to fully comply with five discovery orders issued by me.

Plaintiffs move, pursuant to CPLR § 3126 (3), by order to show cause: to * the remaining counterclaims of the Brach defendants and dismiss the action with prejudice due to defendants' failure to comply with my orders of November 17, 2006, March 2, 2007, and July 6, 2007; and, for $10,000 in attorney's fees for four motions to * that were prosecuted due to [*2]defendants' improper conduct ($2,500.00 per motion). The Brach defendants cross-move, pursuant to CPLR § 3103 (a), for a protective order to limit and regulate the deposition of Nachman Brach.

The Brach defendants' and their counsel's clear pattern of dilatory and obstructive conduct, demonstrated by their continued disobedience to Court orders, leaves the Court with no choice other than granting plaintiffs' order to show cause and dismissing the instant action with prejudice. This renders defendants' cross-motion moot.

http://www.nycourts.gov/reporter/3dseries/2008/2008_50644.htm