Opinion
April 28, 1994
Appeal from the Supreme Court, New York County (Alfred Toker, J.).
Plaintiffs' subpoena was properly quashed insofar as it sought lease agreements, tax returns and other materials relating to the leasing of the premises where the accident occurred, such materials being "clearly irrelevant" (Grotallio v Soft Drink Leasing Corp., 97 A.D.2d 383) to the applicability of Labor Law § 240. Concerning the expected testimony of plaintiffs' expert economist, any additional disclosure of the subject matter thereof could lead to the divulgence of facts upon which his opinion is based, and therefore should not have been directed (Krygier v Airweld, Inc., 176 A.D.2d 700).
Concur — Rosenberger, J.P., Ross, Rubin, Nardelli and Tom, JJ.