Reliance Insurance v. Nedlloyd Line, N. V. Stoomvaart-Maatschappij "Nederland"
Civil Court of the City of New York
1Opinion of the CourtSamuel R. Rosenberg, J.
The cause of action alleged in the indorsed complaint herein is predicated upon defendant’s common-law liability as a common carrier. Such liability is tantamount to that of an insurer and is not dependent upon proof of negligence. Accordingly, interrogatories may properly be employed as a disclosure device herein, pursuant to CPLR 3130.
The motion to vacate plaintiff’s interrogatories is accordingly disposed of as follows:
*641The objections to interrogatories numbered 1 through 10 and 15 which are based upon the fact that the interrogating party has knowledge of the information sought therein,…
2Cited by1 opinion
- Cimino v. Firestone Tire & Rubber Co.New York Supreme Court · 1969