Sack v. North American Systems, Inc.

• Decision Date: 30 December 1985
• Citation: 115 A.D.2d 721,496 N.Y.S.2d 536
• Parties: Samuel SACK, et al., Respondents, v. NORTH AMERICAN SYSTEMS, INC., Appellant (and another title).
• Court: New York Supreme Court — Appellate Division

Page 536

496 N.Y.S.2d 536

115 A.D.2d 721

Samuel SACK, et al., Respondents, v.NORTH AMERICAN SYSTEMS, INC., Appellant (and another title).

Supreme Court, Appellate Division Second Department.

Dec. 30, 1985.

Costello & Shea, New York City(Carl H. Sword of counsel; Vincent Crowe, on brief), for appellant.

Morton Povman, P.C., Forest Hills, for respondents Samuel and Miriam Sack.

Before LAZER, J.P., and THOMPSON, O'CONNOR, RUBIN and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

In a consolidated action to recover damages for injury to property, North American Systems, Inc. appeals from so much of an order of the Supreme Court, Queens County(LeVine, J.), dated October 1, 1984, as denied certain branches of its motion to compel compliance with notices for discovery and inspection.

Order modified, by deleting the decretal paragraphs thereof which denied those branches of appellant's motion which sought compliance with items no. 1, 2, 3, 4 and 5 of the notice for discovery and inspection dated May 14, 1984, and items no. 4, 5 and 6 of the notice for discovery and inspection dated April 11, 1984, and substituting therefor provisions granting these branches of appellant's motion which sought compliance with items no. 4, 5 and 6 of the notice for discovery and inspection dated April 11, 1984, and granting those branches of appellant's motion which sought compliance with the notice for discovery and inspection dated May 14, 1984 to the extent that compliance is directed with respect to items no. 1 and 2, with respect to reports and appraisals demanded in...