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Vecchio v. Mitchell Cadillac, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1986
121 A.D.2d 379 (N.Y. App. Div. 1986)

Opinion

June 2, 1986

Appeal from the Supreme Court, Suffolk County (Levitt, J.).


Order dated September 4, 1985, modified, by deleting therefrom the provision denying the defendant's motion insofar as it was for a protective order striking items Nos. 1, 3 through 23 and 25, of the plaintiff's written interrogatories, and substituting therefor a provision granting the defendants' motion insofar as it was for a protective order striking those items. As so modified, order dated September 4, 1985, affirmed, without costs or disbursements.

Order dated September 11, 1985 modified, by deleting therefrom the provision denying the defendants' motion insofar as it was for a protective order striking items Nos. 2 through 8 and 10 through 15 of the plaintiffs' notice for discovery and inspection substituting therefor a provision granting the defendant's motion insofar as it was for a protective order striking those items. As so modified, order dated September 11, 1985, affirmed, without costs or disbursements.

The defendants' time to comply with the interrogatories and notice for discovery and inspection, as so limited, is extended until 30 days after service upon them of a copy of the order to be made hereon, with notice of entry.

The items sought in the plaintiff's notice for discovery and inspection as well as her written interrogatories were, in many instances, not material and relevant to the issues framed in the pleadings (see, Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403; Reifenstein v. Allstate Ins. Co., 92 A.D.2d 715; Moran v International Playtex, 103 A.D.2d 375). The orders appealed from have been modified accordingly. Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.


Summaries of

Vecchio v. Mitchell Cadillac, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1986
121 A.D.2d 379 (N.Y. App. Div. 1986)
Case details for

Vecchio v. Mitchell Cadillac, Inc.

Case Details

Full title:JACQUELINE B. VECCHIO, Respondent, v. MITCHELL CADILLAC, INC., et al.…

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

Date published: Jun 2, 1986

Citations

121 A.D.2d 379 (N.Y. App. Div. 1986)

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