Berens v. Cook

—In an action, inter alia, to recover damages for injury to property, the defendants, Tim Cook and Tim Cook, Inc., appeal from an order of the Supreme Court, Westchester County (Fredman, J.), entered May 4, 1998, which denied their motion for, among other relief, summary judgment dismissing the complaint or, in the alternative, compelling the plaintiffs to comply with their demands for disclosure.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the first cause of action alleging…