EJAZ JAVEED, ETC. ap, v. 3619 REALTY CORP. def, NEW DEAL REALTY CORP. res — (INDEX NO. 4950/05) In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) so much of an order of the Supreme Court, Kings County (Knipel, J.), dated March 14, 2013, as (a) denied that branch of their motion which was pursuant to CPLR 2221(a) to modify a previous order of the same court dated July 5, 2012, so as to extend the time within which to complete discovery, (b) granted the application of the defendants New Deal Realty Corp., VMR Builders Corp., Vincent Falcone, Michael Falcone, Robert Bruzzese, Meir Michael Solomon, and Daniel “Dan” McLoud to dismiss the complaint pursuant to CPLR 3126 as a sanction for the plaintiffs’ failure to comply with the court-ordered discovery schedule set forth in the order dated July 5, 2012, and (c) denied, as academic, those branches of their motions and separate cross motion which were pursuant to CPLR 3126, inter alia, to impose sanctions upon the defendants New Deal Realty Corp., VMR Builders Corp., Vincent Falcone, Michael Falcone, Robert Bruzzese, Meir Michael Solomon, Daniel “Dan” McLoud, N.Y. Lead Abatement Corp., Yosef “Yossi” Stern, Sheril Stern, and David Rogatsky for failure to comply with certain outstanding discovery demands and court-ordered discovery and (2) so much of an order of the same court dated October 18, 2013, as (a) denied that branch of their motion which was to vacate so much of the order dated March 14, 2013, as granted the application of the defendants New Deal Realty Corp., VMR Builders Corp., Vincent Falcone, Michael Falcone, Robert Bruzzese, Meir Michael Solomon, and Daniel “Dan” McLoud to dismiss the complaint pursuant to CPLR 3126, and (b), in effect, upon reargument, adhered to the determinations in the order dated March 14, 2013, denying those branches of their motions and cross motion which were pursuant to CPLR 2221(a) to modify the order dated July 5, 2012, so as to extend the time within which to complete discovery and pursuant to CPLR 3126, inter alia, to impose sanctions upon the defendants New Deal Realty Corp., VMR Builders Corp., Vincent Falcone, Michael Falcone, Robert Bruzzese, Meir Michael Solomon, Daniel “Dan” McLoud, N.Y. Lead Abatement Corp., Yosef “Yossi” Stern, Sheril Stern, and David Rogatsky for failure to comply with certain outstanding discovery demands and court-ordered discovery.
ORDERED that the appeal from the order dated March 14, 2013, is dismissed, without costs or disbursements; and it is further,
