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RINALDO v. SYRACUSE UNIV.

51 A.D.2d 675 (1976)

Leonard C. Rinaldo, Jr., Plaintiff, v. Syracuse University, Defendant and Third-Party Plaintiff-Respondent. Ellison Creek Sweet Home Road Properties, Inc., et al., Third-Party Defendants-Appellants

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

January 16, 1976

Order unanimously affirmed, with costs.

Memorandum:

We agree with Special Term that third-party plaintiff's responses to interrogatories served upon it by third-party defendants were not unresponsive nor may they be construed to be a willful failure to disclose information sufficient to impose the drastic remedy of preclusion (CPLR 3126; see Livingston v Mayes, 23 A.D.2d 814; Practice Commentary, Siegel, McKinney...

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