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AERON AVIATION CORP. v. CHEMCO INT'L LEASING

Appellate Division of the Supreme Court of New York, Second Department.
Feb 3, 1986

Order reversed insofar as appealed from, with costs, defendant's motion for a protective order striking the interrogatories and request for documents granted in its entirety, and plaintiff's cross motion to compel defendant to answer the interrogatories and produce the documents denied in its entirety.

Plaintiff's numerous interrogatories and its request for documents are burdensome, oppressive, and, in many parts, inappropriate. In such a case, the interrogatories and request should be vacated rather than pruned, as it is counsel's burden to draft and serve proper interrogatories and demands, and the courts will not correct palpably bad ones (see, e.g., Martino v Mid-Island Hosp., 73 A.D.2d 592; Itzkoff v. Allstate Ins. Co., 59 A.D.2d 854; Cramp v. Cramp, 114 A.D.2d 835). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.