E. Cuker, Inc. v. New York Property Insurance Underwriting Ass'n

Order, Supreme Court, New York County (Alvin F. Klein, J.), entered on January 20, 1983, which granted defendant’s motion to vacate a demand for interrogatories, is unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion is denied, with costs. On October 31, 1980, the plaintiffs’ building and its contents were destroyed by fire. The insurer was the defendant. After the defendant rejected plaintiffs’ claim for $158,450, plaintiff brought an action to recover on the policy of insurance. Subsequent to being served with defendant’s answer, which contains…