Barr v. Raffe

There was no abuse of discretion by Special Term. The order of events is revealing. Defendant’s interrogatories in issue were first served prior to plaintiffs’ motion for summary judgment. Defendant’s cross motion to strike the complaint for failure to respond to the interrogatories was denied upon the grant of summary judgment to plaintiffs. We are informed that the issue will be before us on defendant’s appeal from the order granting, plaintiffs’ motion for summary judgment. Nonetheless, defendant served the self-same set of interrogatories after the grant of summary judgment against him.…