Cardona v. South Bend Lathe Co.
Opinion of the Court
In a personal injury action, defendants South Bend Lathe Company, South Bend Lathe Industries and Amsted Industries, Inc., appeal from an order of the Supreme Court, Queens County, dated May 16, 1979, which granted plaintiffs’ motion to strike their interrogatories. Order modified by adding a provision thereto providing that the appellants may submit a new demand for interrogatories. As so modified, order affirmed, without costs or disbursements. Special Term was incorrect in its statement that interrogatories would not be available as to the strict products liability cause of action because the underlying cause of action sounds in tort. Pursuant to CPLR 3130, interrogatories are not available in personal injury actions to recover damages for negligence or wrongful death. These exclusions have been strictly construed by the Court of Appeals and should not be expanded (Allen v Minskoff, 38 NY2d 506). Strict products liability is not a theory of recovery in negligence. Although both sound in tort, strict
Case-law data current through December 31, 2025. Source: CourtListener bulk data.