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McCormack v. 61 West 62 Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 361 (N.Y. App. Div. 1990)

Opinion

May 10, 1990

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).


In this action by plaintiff, a shareholder and former board member of defendant cooperative corporation, plaintiff sought permission to serve interrogatories. Pursuant to stipulation, defendant accepted the interrogatories subject to any protective order which might be available. Plaintiff rejected the answers to the interrogatories, asserting that the answers were evasive and inadequate.

We see no clear abuse of discretion by the IAS court in finding that defendant sufficiently responded to the interrogatories. Plaintiff's dissatisfaction with the answers is not a sufficient basis upon which to disturb the court's decision declining to impose any penalty pursuant to CPLR 3126.

We have considered plaintiff's other arguments and find them to be without merit.

Concur — Kupferman, J.P., Ross, Asch, Ellerin and Rubin, JJ.


Summaries of

McCormack v. 61 West 62 Owners Corp.

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 361 (N.Y. App. Div. 1990)
Case details for

McCormack v. 61 West 62 Owners Corp.

Case Details

Full title:OWEN J. McCORMACK, Appellant, v. 61 WEST 62 OWNERS CORP., Also Known as 61…

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

Date published: May 10, 1990

Citations

161 A.D.2d 361 (N.Y. App. Div. 1990)
555 N.Y.S.2d 111

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