Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Gossel, J.
Present — Dillon, P.J., Boomer, Green, Pine and Balio, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting defendant Hopkins further discovery. By demanding that plaintiffs file a note of issue defendant was no longer entitled to further deposition (see, CPLR 3216; Wolanin v Halliman, 145 A.D.2d 967, 968; Gray v Crouse-Irving Mem. Hosp., 107 A.D.2d 1038).