Opinion
December 30, 1999
Appeal from Order of Supreme Court, Monroe County, Affronti, J. — Discovery.
Order unanimously affirmed without costs.
PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.
Memorandum:
Supreme Court properly denied in part plaintiff's motion for a protective order. The court, "because of its obvious familiarity with the matter, has broad discretion to supervise the discovery process and was in the best position to determine what is "material and necessary" ( Jackson v. Dow Chem. Co., 214 A.D.2d 827, 828). In view of the allegations in the complaint, the court reasonably determined that the conduct and activities of plaintiff both outside and within the workplace during her employment were relevant to the defamation cause of action and the alleged injury to plaintiff's profession, reputation and standing in the community. The disclosure permitted by the court was properly limited to evidence "material and necessary in the * * * defense of" that cause of action (CPLR 3101[a]). The court also properly exercised its discretion in denying those parts of plaintiff's cross motions seeking disqualification of the law firm representing nonparty witness Lieutenant John P. McMenemy ( see, Rich v. Hackel, 205 A.D.2d 316, 317) and sanctions pursuant to 22 N.Y.CRR part 130 ( see, Scaccia v. MacCurdy, 239 A.D.2d 942).