Appellate Division of the Supreme Court of New York, 2011

New Line Stone Co. v. BCRE Services LLC

New Line Stone Co. v. BCRE Services LLC
Appellate Division of the Supreme Court of New York · Decided November 17, 2011
89 A.D.3d 581; 932 N.Y.2d 690
New Line Stone Co. v. BCRE Services LLC

Opinion of the Court

The motion court providently exercised its discretion in requiring defendants to provide more detailed responses to plaintiffs interrogatory Nos. 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 *582Foodservice Distribs. v Sorrento, Inc., 305 AD2d 266 [2003]). However, defendants are not required to respond to interrogatory No. 13, since it is repetitive. Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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