Filed Date: 11/4/1982
Status: Precedential
Modified Date: 11/1/2024
Motion to partially vacate prior order and for reconsideration, etc., granted to extent of striking the first sentence of the decretal. paragraph of this court’s order entered June 18, 1981 and substituting therefor “It is ordered that the order entered on July 8,1980 as appealed from be and the same hereby is affirmed, without costs and without disbursements.” On the original appeal this court (Ross, J. dissenting) reversed Special Term, and granted summary judgment as to liability and struck the interrogatories, stating that “some of the members of this court deem [the interrogatories] to be extremely burdensome and palpably improper. However, plaintiff did not raise that issue at Special Term. Accordingly, were that the only issue with respect to the interrogatories, we would affirm the order directing plaintiff to answer the interrogatories.” (82 AD2d 765, 765-766.) But because of our determination granting partial summary judgment on the issue of liability which thus narrowed the issues, we struck the interrogatories without prejudice to application for disclosure with respect to the issues as thus limited. The Court of Appeals