From Casetext: Smarter Legal Research

Kleinberg v. Am. Mayflower Life Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1984
106 A.D.2d 268 (N.Y. App. Div. 1984)

Opinion

December 6, 1984

Appeal from the Supreme Court, New York County (McCooe, J.).


Defendant did not object to the interrogatories within the time allowed (CPLR 3133, subd [a]) and is therefore now foreclosed from challenging them ( Blessin v. Greenberg, 89 A.D.2d 862). In addition, Justice Wallach, in a prior order, directed responses to all the interrogatories and Special Term, as a court of coordinate jurisdiction, should not have modified this earlier unappealed order (see Abazoglou v. Tsakalotos, 36 A.D.2d 516).

Concur — Sandler, J.P., Asch, Silverman, Fein and Alexander, JJ.


Summaries of

Kleinberg v. Am. Mayflower Life Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1984
106 A.D.2d 268 (N.Y. App. Div. 1984)
Case details for

Kleinberg v. Am. Mayflower Life Ins. Co.

Case Details

Full title:EVLYNE KLEINBERG, Appellant, v. AMERICAN MAYFLOWER LIFE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 6, 1984

Citations

106 A.D.2d 268 (N.Y. App. Div. 1984)

Citing Cases

Reichmann v. Pro Performance Sports, LLC

Reichmann also argues that since the interrogatories were not answered or objected to within twenty days…

Wydallis v. United States Fidelity & Guaranty Co.

The parties point out that a prior similar action brought in the Supreme Court, New York County, was…