SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
December 5, 1968
SYDNEY KRAUSE, AS TRUSTEE FOR THE BENEFIT OF THE CLASS A CREDITORS OF D. R. COMENZO & CO., INC., RESPONDENT,
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF. AMERICAN EXPRESS COMPANY, THIRD-PARTY DEFENDANT
Concur -- Stevens, J. P., Eager, Steuer, Tilzer and McGivern, JJ.
The plaintiff's demands far exceed the scope of proper disclosure in that as phrased they may reasonably be construed to include material prepared for litigation as well as the work product of attorneys (CPLR 3101) and are unduly burdensome. Additionally, interrogatory No. 10 seeks an answer to a question of law. Such information as plaintiff might be properly entitled to within the stricken items may be obtained in discovery proceedings.
Order entered July 3, 1968, appealed from, which denied appellant's motion for a protective order striking out or modifying certain of plaintiff's interrogatories, unanimously reversed on the law and the facts and the motion is granted as to interrogatories Nos. 4, 5, 6, 7, 9(d), 9(4) and 10, without costs or disbursements to either party.
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