Opinion
February 28, 1994
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the cross appeal is dismissed as abandoned; and it is further,
Ordered that the order is reversed insofar as appealed from, as a matter of discretion, the defendant's motion for a protective order with respect to item numbered 7 (1) is granted, and the plaintiff's cross motion is denied; and it is further,
Ordered that the appellant-respondent is awarded one bill of costs.
The plaintiff's decedent fell and broke her right hip while admitted at Huntington Hospital. The plaintiff commenced this action alleging that the defendant was negligent in failing to properly supervise and restrain the plaintiff's decedent to prevent her from falling. During disclosure, the plaintiff sought copies of pleadings in any lawsuit involving patients who fell at the defendant's premises both prior to and subsequent to the instant accident. We conclude that such pleadings are not material or necessary in the prosecution of the action. Thus, the court improvidently exercised its discretion in denying the defendant's motion for a protective order (see, CPLR 3101 [a]; 3103 [a]; Kolody v. Supermarkets Gen. Corp., 163 A.D.2d 276; Matter of Campbell v. State of New York, 105 Misc.2d 204). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.