Valvo v Loyal Order of Moose 1614 (2005 NY Slip Op 00903)

Valvo v Loyal Order of Moose 1614

2005 NY Slip Op 00903 [15 AD3d 1009]

February 4, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 20, 2005

Anthony Valvo et al., Respondents, v Loyal Order of Moose 1614, Appellant. (Appeal No. 3.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered June 8, 2004. The order denied defendant's motion to compel discovery.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Same memorandum as in Valvo v Loyal Order of Moose 1614 (15 AD3d 1008 [2005]). Present—Scudder, J.P., Kehoe, Martoche, Smith and Lawton, JJ.