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DESIGN SUPPLY MARBLE AND GRANITE, INC. v. MILLS

23 Misc.3d 952 (2009)

872 N.Y.S.2d 906

DESIGN SUPPLY MARBLE AND GRANITE, INC., Doing Business as STONE SOURCE, Plaintiff, v. PHILLIP R. MILLS, Defendant.

Civil Court of the City of New York, New York County.

Decided February 9, 2009.

Attorney(s) appearing for the Case

Phillip R. Mills, New York City, defendant pro se.

Law Offices of Jay B. Zimner, New York City (Jay B. Zimner of counsel), for plaintiff.

OPINION OF THE COURT

JEFFREY K. OING, J.

Defendant, Phillip R. Mills, moves, pursuant to CPLR 3212, for an order granting summary judgment dismissing the complaint.

Plaintiff, Design Supply Marble and Granite, Inc., doing business as Stone Source, cross-moves, pursuant to CPLR 3126, for an order dismissing the counterclaims for defendant's failure to respond to plaintiff's notice for discovery and inspection, and failure to appear for an examination...

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