Greene v. New York City Housing Authority

OPINION OF THE COURT

Aaron D. Bernstein, J.

The defendant seeks a protective order and moves to strike the plaintiff’s interrogatories. The plaintiff has already conducted examinations before trial of two of the defendant’s witnesses in this negligence action. The plaintiff now seeks answers to a set of interrogatories and the defendant moves to strike the said demand.

Interrogatories are permitted in a negligence action but they cannot be used once a deposition of the other side has been taken, without first securing the court’s permission (CPLR 3130). The plaintiff did not seek the leave of…