BISCOMBE v. S & S CORRUGATED PAPER MACH. CO., INC.


67 A.D.2d 935 (1979)

Joaquin Biscombe et al., Respondents, v. S & S Corrugated Paper Machine Company, Inc., Appellant. (And a Third-Party Action.)

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

February 13, 1979


Order reversed, without costs or disbursements, and motion granted.

CPLR 3130, which authorizes the use of interrogatories, provides that they are not available in a cause of action to recover damages for personal injuries resulting from negligence. In the case at bar, plaintiffs, in violation of CPLR 3014, set forth claims in the first cause of action on behalf of the plaintiff husband, based on both negligence and strict products liability. The plaintiffs have indicated...

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