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EVLYNE KLEINBERG, Appellant, v. AMERICAN MAYFLOWER LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

Defendant did not object to the interrogatories within the time allowed (CPLR 3133, subd [a]) and is therefore now foreclosed from challenging them ( Blessin v. Greenberg, 89 A.D.2d 862). In addition, Justice Wallach, in a prior order, directed responses to all the interrogatories and Special Term, as a court of coordinate jurisdiction, should not have modified this earlier unappealed order (see Abazoglou v. Tsakalotos, 36 A.D.2d 516).

Concur — Sandler, J.P., Asch, Silverman, Fein and Alexander, JJ.

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KLEINBERG v. AM. MAYFLOWER LIFE INS. CO
(Dec 6, 1984)