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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