Passaro v. Passaro

— In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated September 5, 1985, which granted the defendant’s motion for a protective order vacating the plaintiff’s notice for discovery and inspection, dated August 2, 1985, and imposed "$40.00 costs and sanctions of $1,000.00 to be paid by the plaintiff’s counsel to the defendant’s counsel.”

Order modified, by adding a provision that the vacatur of the notice for discovery and inspection is without prejudice to the plaintiff’s service of an appropriate notice for…