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Brooklyn Union Gas Co. v. Hartford Accident & Indemnity Co.

101 A.D.2d 875 Court N.Y. App. Div. Decision date 1984-05-29 English

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p. 875
Brooklyn Union Gas Company et al., Respondents, v Hartford Accident & Indemnity Company, Appellant, et al., Defendants.

In an action, inter alia, to recover moneys paid by plaintiffs in settlement of certain underlying actions, defendant Hartford Accident & Indemnity Company appeals from an order of the Supreme Court, Kings County (Adler, J.), dated October 11,1983, which denied its motion pursuant to CPLR 3103 and 3133 for a protective order vacating the interrogatories served by plaintiffs. H Order reversed, with costs, and motion granted, without prejudice to the service of proper interrogatories. 11 The interrogatories served by plaintiffs are over-broad and prolix and it is not the function of this court to engage in pruning (see Faith v Boston Old Colony Ins. Co., 76 AD2d 900 ; Feinman v Menachemi, 75 AD2d 838 ). Gibbons, J. P., O’Connor, Boyers and Lawrence, JJ., concur.

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