97 A.D.2d 426 | N.Y. App. Div. | 1983
Motion by plaintiffs to reargue an appeal which resulted in a decision of this court dated July 18,1983 (96 AD2d 545). Motion denied, and on the court’s own motion, the decision of this court dated July 18, 1983, is recalled and vacated and the following decision is substituted therefor: Appeals by plaintiffs (1) from so much of an order of the Supreme Court, Suffolk County (Jaspan, J.), dated October 20, 1982, as (a) failed to grant that branch of their motion which was to compel defendant Patrician Estates, Inc., in action No. 1 to answer certain interrogatories and produce certain records for discovery and inspection; (b) denied that branch of their motion which was to consolidate actions Nos. 1 and 3; (c) denied that branch of their motion which was to punish defendant Burr for failure to comply with an order directing Burr to produce certain documents; and (d) denied that branch of their motion which was to compel defendant O’Shea in action No. 3 to produce item No. 7 from a list of “Items for Discovery and Inspection” dated September 9, 1982, i.e., an “expense log” and (2) from so much of an order of the same court, dated December 9, 1982, as denied that branch of their motion which, in effect, sought reargument. Appeal from the