Appellate Division of the Supreme Court of the State of New York April 8, 1996 (Young v. Fleary)

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated June 21,1993, which denied his motion to compel discovery pursuant to CPLR 3124 and granted the motion of the defendants City of New York and New York City Police Department for summary judgment dismissing the complaint insofar as it is