Janian v. Barnes

Appeal from an order of the Supreme Court (O’Shea, J.), entered October 4, 2002 in Tioga County, which granted plaintiffs’ motion for a protective order.

When this matter was last before us, we found that the only pertinent issue of fact concerning the effectiveness of plaintiffs’ quitclaim deed was whether or not defendant accepted the deed (284 AD2d 717, 718 [2001]). Subsequently, at his deposition, one of the plaintiffs was unable to recall signing the deed, but acknowledged that the signature appeared to be his. When defendant then sought further disclosure as to the deed’s execution,…