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1st Dep't 2d Dep't 3A Weinstein-Korn-Miller a/k/a CARVAN ASSOCIATES a/k/a HARRY MACKLOWE action aff'd AMERICAN HOME ASSURANCE Appellate Division CARVEN ASSOCIATES certificate of occupancy comply with court counsel Court finds court ordered discovery DEFENDANT-APPELLANT NORTHBERRY CONCRETE demonstrated discovery demands discussion dismiss was based dismissal for failure dismissal for neglect dismissal for want dismissal of Carven Ekstrom Electric & Machine failure to appear failure to comply H.R.H. CONSTRUCTION CORP HARRY MACKLOWE REAL HOME ASSURANCE CORP inappropriate response intentional interrogatories invoices issue Ivory Justice Green's dismissal Justice Hopkins Keel King Kullen Supermarkets Laffev language of CPLR Let the record MACKLOWE REAL ESTATE Maitland merits determination Miss Horvitz motion brought pursuant neglect to prosecute Nems Enters NORTHBERRY CONCRETE CORP oral argument plaintiffs Prac preclude recommencement prejudice pursuant to CPLR record show REPLY BRIEF Seltaeb Inc seminal Siegel statute of limitations submitted THIRD-PARTY DEFENDANT-APPELLANT NORTHBERRY Third-Party Defendants Villanova want of prosecution York Civ