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Robert J. King, as of Elaine E. King v. Richard T. Milazzo
Opinions in this case
- Majority
- Majority
— 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.