Clifton Steel Corp. v. County of Monroe Public Works Department

Order unanimously affirmed with costs. Memorandum: In an action to foreclose mechanics’ liens on a construction project, plaintiff and defendant Hyland each served notices to take depositions. By agreement, the parties postponed the taking of depositions for several months. Pending the taking of depositions, plaintiff served written interrogatories upon Hyland pursuant to CPLR 3132. Over a month later, Hyland moved to strike the interrogatories claiming that it had priority of discovery by serving the first notice to take depositions. In denying the motion, Special Term did not abuse its…