Yandolino v. Cohen

OPINION OF THE COURT

Vincent R. Balletta, J.

This is a motion by defendant for an order striking plaintiffs’ interrogatories and a cross motion by plaintiffs for an order directing the defendant to respond to the plaintiffs’ interrogatories.

In this medical malpractice action, examinations before trial of all parties were conducted on August 14, 1979. On August 31, 1979, plaintiffs served a demand for interrogatories which are the subject of the within motions.

*39Prior to September 1, 1979, CPLR 3130 provided for the use of interrogatories in all actions other than personal injury actions sounding…