James D. Vollertsen Associates Inc. v. John T. Nothnagle, Inc.

Order unanimously reversed, without costs, and motion denied. Memorandum: In this action plaintiffs seek compensatory and punitive damages. The order from which defendants appeal directs them to answer plaintiffs’ Interrogatory No. 83, namely, "Set forth the present net worth of each of the above-named Defendants”. The order was prematurely granted (see Rupert v Sellers, 48 AD2d 265). As we said in Rupert (supra), there should be a split trial, first on the issue of defendants’ liability for punitive or exemplary damages. If plaintiffs obtain a special verdict entitling them to punitive…