Opinion
July 11, 1967
Order entered February 14, 1967 denying defendant's motion to vacate plaintiff's demand for answers to 20 interrogatories unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant and the motion granted. The proposed interrogatories, made pursuant to CPLR 3101 and 3131, constitute unprecedented and improper demands upon defendant to furnish to plaintiff information concerning events occurring after the insurance loss for which suit is brought. They are more in the nature of demands for particulars under CPLR 3041 et seq. The information sought is admitted in part in the answer. In other respects it consists of matters of law, or of defendant's work product (see Kent v. Maryland Cas. Co., 25 A.D.2d 653; cf. Brunswick Corp. v. Aetna Cas. Sur. Co., 27 A.D.2d 182), or is immaterial, or is asked in such a broad and general way as to be unduly burdensome and harassing upon the defendant.
Concur — Botein, P.J., Stevens, Steuer, Rabin and Witmer, JJ.