Jim Waters Corp. v. Colligan

Full title: JIM WATERS CORP. et al., Appellants, v. JAMES COLLIGAN et al., Respondents

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

Date published: Nov 4, 1985

114 A.D.2d 840 (N.Y. App. Div. 1985)

Opinion

November 4, 1985

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).

Order affirmed, with costs.

Special Term properly exercised its discretion pursuant to CPLR 3126 in declining to impose sanctions after finding that defendants had answered the plaintiffs' interrogatories in issue to the best of their ability (see, Giraud v New York Blower Co., 96 A.D.2d 828), as well as in refusing to appoint a Referee pursuant to CPLR 3104, where plaintiffs have not demonstrated a need for constant rulings and no substantial litigation was generated by previous disclosure disputes (see, Lee v Lee, 93 A.D.2d 221). Niehoff, J.P., Lawrence, Eiber and Kooper, JJ., concur.