69 A.D.2d 896 | N.Y. App. Div. | 1979
In an action for specific performance of an agreement for the sale of stock, defendant appeals from an order of the Supreme Court, Kings County, dated April 28, 1978, which (1) granted plaintiffs’ motion for a protective order vacating and setting aside the entire set of interrogatories propounded by defendant and (2) denied his cross motion to "[dismiss] plaintiffs’ motion” for failure to comply with CPLR 3133. Order affirmed, with $50 costs and disbursements. Defendant is granted leave, if he be so advised, to serve a new and proper set of interrogatories within 20 days after payment to plaintiffs of the $50 costs and disbursements awarded on this appeal. In this action for specific performance of an agreement for the sale of stock, plaintiffs moved for a protective order setting aside defendant’s set of 108 interrogatories on the grounds that they were irrelevant, unduly broad, unreasonable, offensive and a breach of the attorney-client privilege. In