Majority
p. 1000Robert J. King, as Executor of Elaine E. King, Deceased, Appellant, v Richard T. Milazzo et al., Respondents. (Appeal No. 1.)
— Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting defendant Hopkins further discovery. By demanding that plaintiffs file a note of issue defendant was no longer entitled to further deposition (see, CPLR 3216; Wolanin v Halliman, 145 AD2d 967 , 968; Gray v Crouse-Irving Mem. Hosp., 107 AD2d 1038 ). (Appeal from order of Supreme Court, Erie County, Gossel, J. — discovery.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.
Cases cited
- Gray v. Crouse-Irving Memorial Hospital, Inc. 107 AD2d 1038 p. 1000