Cardo v. Safeway Concrete Co.

In an action, Inter alia, to recover damages for conversion and for specific performance of a trust agreement, the defendants appeal from an order of the Supreme Court, Richmond County, dated May 21, 1979, which denied their motion to dismiss each cause of action in the complaint pursuant to either CPLR 3211 or CPLR 3212, or in the alternative, to vacate a notice of discovery and inspection. Order modified, on the law, by (1) deleting therefrom the provision which denied the branch of defendants’ motion which sought to vacate plaintiffs notice of discovery and inspection and substituting…