Opinion
September 21, 1970
In an action for specific performance of an agreement to convey an interest in real property, defendant appeals from an order of the Supreme Court, Rockland County, dated June 8, 1970, which granted plaintiff's motion to strike out defendant's interrogatories. Order modified by limiting its application to interrogatories 1 through 57, and 70 through 92, and by directing plaintiff to answer interrogatories 58 through 69 within 15 days following service upon plaintiff of a copy of the order hereon, with notice of entry thereof. As so modified, order affirmed, without costs. In our opinion, though 80 of defendant's 92 interrogatories were so patently objectionable that they constituted an imposition on Special Term and plaintiff's counsel, the remaining 12 interrogatories should be answered in order to provide defendant with facts concerning plaintiff's demand for money damages. Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.