Opinion
February 19, 1991
Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).
A review of the interrogatories and the notice of discovery, in light of plaintiff's extensive and lengthy amended complaint, reveals that the IAS court did not abuse its discretion in restricting the scope of discovery. (See, Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406.) Each discovery demand, as modified by the IAS court, relates to specific facts and damages raised by plaintiff. While some of the discovery seeks "all documents", these requests are limited to specific subjects and are thus not overly broad. (See, Scheinfeld v Burlant, 98 A.D.2d 603.)
Finally, while defendants served a notice of deposition before they served the interrogatories, under the circumstances, they are not required to take the deposition before the interrogatories are answered. (Bassett v Bando Sangsa Co., 94 A.D.2d 358, appeal dismissed 60 N.Y.2d 962.)
Concur — Rosenberger, J.P., Wallach, Kassal and Smith, JJ.