NEWARK-WAYNE CMTY. HOSP., INC. v. CLEAVER-BROOKS, INC.


59 A.D.2d 821 (1977)

Newark-Wayne Community Hospital, Inc., Respondent, v. Cleaver-Brooks, Inc., Appellant, et al., Defendants

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

October 28, 1977


Order unanimously reversed, without costs, and defendant's motion granted.

Memorandum:

Defendant-appellant, Cleaver-Brooks, Inc., a manufacturer of boiler units, served interrogatories in plaintiff's action alleging property damage resulting from a defective boiler. The complaint contained two separate causes of action against defendant-appellant, one based on negligence and the other on breach of warranty. Plaintiff made no motion to strike the interrogatories...

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