SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 17, 1969
NORTHWEST MINK RANCHES, INC., ET AL., RESPONDENTS,
CENTENNIAL INSURANCE CO. ET AL., APPELLANTS
Concur -- Capozzoli, J. P., Tilzer, McGivern, Nunez and McNally, JJ.
Order entered on July 30, 1968, granting motion to strike interrogatories modified, on the law and the facts, to the following extent: (a) so as to deny plaintiffs' motion to strike interrogatories numbered 7, 16, 17, 22 and 23; (b) so as to deny the motion to strike interrogatories numbered 10 and 11 except to the extent those interrogatories seek information concerning adults in 1965 and kits in 1967; (c) so as to deny the motion to strike interrogatory numbered 19 insofar as made on behalf of respondent Northwest Mink Ranches, Inc.; (d) so as to strike interrogatory numbered 12 upon consent of the parties; and except as so modified the order appealed from is affirmed, with $30 costs and disbursements to defendants-appellants. These items relate to the complaint and the issues raised by the pleadings. In view of the unique nature of the litigation the items presently allowed are "material and necessary" within the fair intendment of CPLR 3101.
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