CARDONA v. SOUTH BEND LATHE CO.


72 A.D.2d 758 (1979)

Cristobal Cardona et al., Respondents, v. South Bend Lathe Company et al., Appellants, and A. C. Colby Machinery Co., Inc., Defendant and Third-Party Plaintiff. All-O-Matic Industries, Third-Party Defendant. (And Another Action.)

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

November 13, 1979


Order modified by adding a provision thereto providing that the appellants may submit a new demand for interrogatories. As so modified, order affirmed, without costs or disbursements.

Special Term was incorrect in its statement that interrogatories would not be available as to the strict products liability cause of action because the underlying cause of action sounds in tort. Pursuant to CPLR 3130, interrogatories are not available in personal injury actions to recover...

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