New Line Stone Co., Inc. v BCRE Servs. LLC

New Line Stone Co., Inc. v BCRE Servs. LLC 2011 NY Slip Op 08308 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.
6105N 112963/08

[*1]New Line Stone Co., Inc., Plaintiff-Respondent,

v

BCRE Services LLC, et al., Defendants-Appellants.




Tarter Krinsky & Drogin LLP, New York (Michael R. Wood
of counsel), for appellants.
Wilkofsky, Friedman, Karel & Cummins, New York (David B.
Karel of counsel), for respondent.

Order, Supreme Court, New York County (Lancelot B. Hewitt, Special Referee), entered April 14, 2011, which, among other things, granted plaintiff's motion to compel defendants to provide detailed responses to plaintiff's interrogatories numbered 4 through 13, unanimously modified, on the facts, to deny the motion only with respect to interrogatory number 13, and otherwise affirmed, without costs.

The motion court providently exercised its discretion in requiring defendants to provide more detailed responses to plaintiff's interrogatories 4 through 12, which sought the facts underlying defendants' seven affirmative defenses and three counterclaims. Most of defendants' responses provided general statement of facts, and some responses provided no facts at all. Moreover, defendants failed to meet their burden to establish that the information sought was privileged (see JP Foodservice Distribs. v Sorrento, Inc., 305 AD2d 266 [2003]). However, defendants are not required to respond to interrogatory number 13, since it is repetitive.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK