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Carr v. Melmarkets, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1988
143 A.D.2d 795 (N.Y. App. Div. 1988)

Opinion

October 17, 1988

Appeal from the Supreme Court, Nassau County (Goldstein, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs served responses to the appellants' interrogatories within the time prescribed by a conditional order of preclusion. Although the appellants purportedly rejected the responses as inadequate, Supreme Court was not required to grant the appellants' subsequent motion for summary judgment (cf., St. Agnes Hosp. v Dengler, 131 A.D.2d 657). Moreover, we cannot say on the record before us that the court abused its discretion when it afforded the plaintiffs another chance to serve proper responses (see, Hoffman v Dickman, 115 A.D.2d 638). Bracken, J.P., Lawrence, Spatt and Harwood, JJ., concur.


Summaries of

Carr v. Melmarkets, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1988
143 A.D.2d 795 (N.Y. App. Div. 1988)
Case details for

Carr v. Melmarkets, Inc.

Case Details

Full title:LOUISE CARR et al., Respondents, v. MELMARKETS, INC., Doing Business as…

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

Date published: Oct 17, 1988

Citations

143 A.D.2d 795 (N.Y. App. Div. 1988)

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