Carr v. Melmarkets, Inc.

— In an action to recover damages for personal injuries, etc., the defendants Progresso, a division of Ogden Food Products Corp., and Ogden Food Products Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Goldstein, J.), dated July 20, 1987, as denied their motion for summary judgment dismissing the complaint as against them.

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…