RIOS v. DONOVAN


21 A.D.2d 409 (1964)

Pedro Rios, Respondent, v. Donald F. Donovan et al., Appellants Donald F. Donovan et al., Third-Party Plaintiffs-Appellants, v. Carmello T. Andolina, Third-Party Defendant. (Action No. 1.) Pedro Rios, Respondent, v. Carmello T. Andolina, Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1964.


Attorney(s) appearing for the Case

Edward Ash of counsel (William N. Mairs, Jr., with him on the brief; Alexander, Ash & Schwartz, attorneys), for Donald F. Donovan and another, appellants.

Austin W. Erwin for John A. Donovan, appellant.

Benjamin Ira Gertz (Martin, Clearwater & Bell, attorneys), for Carmello T. Andolina, defendant.

David Hirschhorn for Pedro Rios, respondent.

BOTEIN, P. J., McNALLY, STEVENS and EAGER, JJ., concur.


VALENTE, J.

The appellants herein — as permitted by 3122 Civil Practice Law and Rules — moved for, but were denied, a protective order under 3103 Civil Practice Law and Rules vacating items 9 and 10 of a notice of discovery and inspection sought under 3120 Civil Practice Law and Rules. For the reasons hereinafter indicated, the order denying the vacatur of these items should be reversed.

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