HARDING v. SPOFFORD LAUNDRY CORP.


44 A.D.2d 804 (1974)

Debra Harding, an Infant, by Her Father and Natural Guardian, Frederick G. Harding, et al., Respondents, v. Spofford Laundry Corp., Appellant, et al., Defendant, and Melsey Realty Corporation, Respondent

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

May 14, 1974


Plaintiff, in this tort action, is suing for damages incurred on premises owned by the defendant Melsey Realty Corp. (Melsey). The defendant Spofford served a cross complaint upon Melsey and Melsey thereupon served an answer and demand on Spofford "pursuant to CPLR 3120 and CPLR 3041-3044". Spofford moved to vacate the demand which motion was denied by Special Term. We disagree. The demand should have been vacated. A demand for discovery pursuant to CPLR 3120 must identify...

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