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CARR v. MELMARKETS, INC.

143 A.D.2d 795 (1988)

Louise Carr et al., Respondents, v. Melmarkets, Inc., Doing Business as Foodtown, et al., Defendants, and Progresso, a Division of Ogden Food Products Corp., et al., Appellants

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

October 17, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs served responses to the appellants' interrogatories within the time prescribed by a conditional order of preclusion. Although the appellants purportedly rejected the responses as inadequate, Supreme Court was not required to grant the appellants' subsequent motion for summary judgment (cf., St. Agnes Hosp. v Dengler, 131 A.D.2d 657

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