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GREMS v. CITY OF ONEIDA

206 A.D.2d 732 (1994)

614 N.Y.S.2d 942

Robert L. Grems et al., Respondents, v. City of Oneida et al., Defendants, and Ford Motor Company, Appellant

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

July 21, 1994

Mikoll, J. P.

Defendant Ford Motor Company agreed to respond to plaintiffs' interrogatories upon plaintiffs' service of an earlier order to disclose, never moved pursuant to CPLR 3133 to strike any of plaintiffs' demands and never denied possession, custody, control or availability of the sought-after documents. Accordingly, Supreme Court properly ruled that Ford had waived the right to object and granted plaintiffs' second motion to compel production...

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