DiMARCO v. SPARKS


212 A.D.2d 965 (1995)

624 N.Y.S.2d 692

Stephen T. Dimarco et al., Respondents, v. David G. Sparks et al., Appellants. (Appeal No. 1.)

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

February 3, 1995


Order insofar as appealed from unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiffs' motion to strike the notice to admit and to preclude defendants from using, in any manner, documents obtained by them from a non-party regarding the application of plaintiffs to refinance their mortgage in 1985. Although the documents were improperly obtained from the non-party without notice to plaintiffs...

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