Bonck v. Plimsoll Club, Inc.

I concur with the majority that the appeal should be dismissed; however, I am of the opinion that the motion to dismiss should be granted for additional reasons.

Since an appeal has been lodged in this court, I deem it advisable to consider the motion to dismiss the appeal on the question of whether the action of the trial judge was proper in ordering defendant to answer the interrogatories.

Were we to grant the motion to dismiss on the ground that the issue would more properly be considered on application for supervisory writs, we would be contributing further to the impeding of the progress…