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Jimmbo Corp. v. Langtry Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 642 (N.Y. App. Div. 1986)

Opinion

May 19, 1986

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


Order modified, by (1) adding, after the word "granted" in the first sentence thereof the words "without prejudice to the plaintiff's service of a new and proper set of interrogatories, if it is so advised, limited to evidence material and necessary to the preparation of its defense to the counterclaims asserted by the defendants", and (2) deleting the words "on the ground that it seeks irrelevant information" and substituting therefor the words "to the extent that the keys to the subject car need not be produced". As so modified, order affirmed, with costs.

Special Term acted within its discretion in vacating the entire set of the plaintiff's interrogatories rather than pruning them (see, Manzo v Westchester Rockland Newspapers, 106 A.D.2d 492; Barouh Eaton Allen Corp. v International Business Machs. Corp., 76 A.D.2d 873).

However, as the plaintiff has the right to discovery of some of the information requested therein, the granting of the motion for a protective order should have been made without prejudice to service by the plaintiff of a new and proper set of interrogatories, if it be so advised, limited to evidence material and necessary to the preparation of its defense on the counterclaims asserted by the defendants.

In addition, we find that the plaintiff should be granted the opportunity to inspect and photograph the subject vehicle. Mollen, P.J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

Jimmbo Corp. v. Langtry Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1986
120 A.D.2d 642 (N.Y. App. Div. 1986)
Case details for

Jimmbo Corp. v. Langtry Realty Corp.

Case Details

Full title:JIMMBO CORP., Appellant, v. LANGTRY REALTY CORP. et al., Respondents

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

Date published: May 19, 1986

Citations

120 A.D.2d 642 (N.Y. App. Div. 1986)

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