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BERKELEY FEDERAL BANK TRUST FSB, Respondent, v. 229 E. 53RD STREET ASSOCIATES et al., Appellant, and MIKEL CARVIN et al., Respondents, et al., Defendants.

Appellants' motion for summary judgment was properly stayed pursuant to CPLR 3212 (f) upon an ample showing that facts relevant to the subject pleading are exclusively within appellants' knowledge and that appellants have repeatedly failed to comply with respondents' discovery requests ( see, Simpson v Term Indus., 126 A.D.2d 484, 486). We have considered appellants' remaining contentions and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Colabella, JJ.

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BERKELEY FED. B. T. v. 229 E. 53RD ST. A
(Sep 25, 1997)