King v. Milazzo

— Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting defendant Hopkins further discovery. By demanding that plaintiffs file a note of issue defendant was no longer entitled to further deposition (see, CPLR 3216; Wolanin v Halliman, 145 AD2d 967, 968; Gray v Crouse-Irving Mem. Hosp., 107 AD2d 1038). (Appeal from order of Supreme Court, Erie County, Gossel, J. — discovery.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.