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C-Kitchen Associates, Inc. v. Travelers Insurance

159 A.D.2d 972 Court N.Y. App. Div. Decision date 1990-03-16 English

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p. 972
C-Kitchen Associates, Inc., et al., Respondents, v Travelers Insurance Company, Appellant.

Order unanimously affirmed without costs. Memorandum: Upon this appeal from an order denying defendant’s motion for a protective order and in the absence of a defense motion for accelerated judg

p. 973
ment, the merits of plaintiffs complaint are not before us (see, CPLR 3211 [a] [7]; 3212). (Appeal from order of Supreme Court, Erie County, McGowan, J. — discovery.) Present — Den-man, J. P., Pine, Lawton, Davis and Lowery, JJ.