Opinion
March 16, 1990
Appeal from the Supreme Court, Erie County, Ricotta, J.
Present — Dillon, P.J., Boomer, Green, Balio and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly refused to compel plaintiff to answer certain questions asked at an examination before trial. A witness at an examination before trial may not be compelled to answer questions of law, particularly those which relate to his understanding of his contentions in the lawsuit (Blitz v Guardian Life Ins. Co., 99 A.D.2d 404). Nor may he be compelled to answer questions seeking legal and factual conclusions or questions asking him to draw inferences from the facts (see, Lakeville Merrick Corp. v Town Bd., 23 A.D.2d 584; Milbeck Apts. v Corby Assocs., 285 App. Div. 83, 85; 7 Carmody-Wait 2d, N Y Prac § 42:50, at 77-78).