Opinion
May 27, 1988
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The order directing plaintiff, Norstar Bank, to produce certain documents was overly broad and should have been limited to those documents relevant to defendants' usury defense. Accordingly, section A of the second ordering paragraph is modified to limit production of records regarding activity on other loans to the period of defendants' loan, October 10, 1980 to October 10, 1985. Sections C and D of the second ordering paragraph are modified to limit production of writings concerning preparation of monthly statements and calculation of the prime rate of interest to those of the Bank of Auburn and of plaintiff after its acquisition of the Bank of Auburn.