Appeal from an order of the Supreme Court, Erie County (Peter J. *1010Notaro, 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.E, Kehoe, Martoche, Smith and Lawton, JJ.