NOWAK v. SHERMAN


198 A.D.2d 842 (1993)

605 N.Y.S.2d 684

Raymond S. Nowak, as Administrator of The Estate of Mary A. Nowak, Deceased, Appellant, v. Peter Sherman, Defendant, and Ford Motor Company, Respondent. (Appeal No. 1.)

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

November 19, 1993


Order unanimously affirmed without costs.

Memorandum:

The record does not support plaintiff's contention that a former Special Term Judge had issued an order directing defendant to comply with plaintiff's discovery demands. The affidavit of that Judge's former law clerk does not establish that the Judge had made a final decision that was binding on the successor IAS Judge (see, Martin v City of Cohoes, 37 N.Y.2d 162

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