VINCENT AUTOMOTIVE, INC. v. CHEVRON U.S.A., INC.

Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered December 21, 2011. The order granted the motion of defendant for summary judgment and denied the cross motion of plaintiffs to compel defendant to respond to a notice of deposition.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part, reinstating the first and second causes of action, and granting the cross motion and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking to recover…