Rehearing Denied Dec. 6, 1991.




These actions were originally commenced by 271 plaintiffs claiming 


We affirm in part, reverse in part, and remand for further proceedings.


FACTUAL BACKGROUND




The actions were commenced on July 11, 1985. Simultaneously with service of the Summonses and Complaints, Plaintiffs served interrogatories seeking, among other things, to discover the chemicals emitted from Nassau's plant. Nassau answered and served its first set of interrogatories. Over the next two years more than 300 depositions were taken, including one for almost every plaintiff in the case.




On June 26, 1987, Nassau served its second set of interrogatories. Interrogatory 6 asked for "any medical doctor who has diagnosed any illness or medical condition as being proximately caused by exposure to materials emanating from the Nassau facility. . . ."




Both Plaintiffs and Nassau sought at various times to compel the other to respond or provide more complete answers to various interrogatories.




On July 22, 1987, the trial court ordered Nassau to furnish complete answers to several of Plaintiffs' interrogatories, and ordered Plaintiffs to respond to Nassau's first set of interrogatories, or provide supplemental answers thereto. This was followed by an order, dated September 29, 1987, which required Plaintiffs to answer certain of Nassau's second set of interrogatories, including Interrogatory 6, and required Nassau to provide summaries of information sought by Plaintiffs' interrogatories.




On October 12, 1987, Nassau filed the first of several motions for partial summary judgment, this on the 


On December 8, 1987, Plaintiffs moved to have the grant of partial summary judgment reconsidered. Nassau moved for sanctions due to Plaintiffs' failure to answer the second set of interrogatories as required by the order of September 29,


By order dated January 27, 1988, the trial court denied Plaintiffs' motion for reconsideration and for a protective order. It granted Nassau's motion for sanctions, stating:




     It is, therefore, ordered that the plaintiffs shall not be allowed
     any medical testimony, witnesses, documents or
     exhibits of any kind required by defendant's second set of
     interrogatories and not now fully disclosed in their answers
     to interrogatories or depositions. Plaintiffs are precluded
     from developing facts in the trial of the case
     through sources they have failed to reveal heretofore as
     required by my Order of September 29, 1987. The defendant
     is entitled to, and has been deprived of, information
     necessary or at least desirable to its defense, all to its
     prejudice.



Notwithstanding the foregoing, Nassau took Dr. Panitz's deposition on February 11, 1988. Dr. Panitz testified she had not formed an opinion concerning causation, but she did specify the type of study she thought would be appropriate.




Thereafter, Nassau moved for partial summary judgment on several additional 


    At the hearing a discussion was had relative to the possibility
    of procuring additional expert medical testimony on
    behalf of the Plaintiffs from Dr. Elaine Panitz of New Jersey
    and perhaps others. Any evidence, by deposition or
    otherwise, inconsistent with my Order of January 27,
    1988, need not be pursued and is hereby forbidden.


In the meantime, on July 29, 1988, Nassau served a Request for Admissions upon each of the plaintiffs. Altogether, the requests totalled approximately 900 pages. Many required Plaintiffs to provide certain information in the event the request was denied

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