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HELLER v. MUT. MARINE OFFICE, INC.

78 A.D.2d 786 (1980)

Kenneth Heller, Respondent, v. Mutual Marine Office, Inc., et al., Appellants

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

November 6, 1980

Unanimously reversed, on the law and the facts, and the exercise of discretion, and motion granted, with costs.

Defendants served written interrogatories upon plaintiff, who ignored them. He failed to either answer or object. No motion to strike (CPLR 3133) or for a protective order (CPLR 3103) was made. Defendants then moved to compel plaintiff to file answers to the interrogatories, and Special Term ordered plaintiff to answer without prejudice to making objection...

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