Appellate Division of the Supreme Court of the State of New York December 16, 2002 (Goldsmith Motors Corp. v. Chemical Bank)

—In an action to recover damages for libel, the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 14, 2002, which denied its motion for summary judgment dismissing the complaint or, in the alternative, to dismiss the complaint pursuant to CPLR 3126 for failure to comply with a so-ordered stipulation.