Opinion
570060/04.
Decided July 22, 2004.
Defendant, as limited by his briefs, appeals from that portion of an order of the Civil Court, New York County, entered January 28, 2004 (Eileen A. Rakower, J.) which granted plaintiff's motion to compel defendant to respond to interrogatories.
Order entered January 28, 2004 (Eileen A. Rakower, J.) modified to deny plaintiff's motion to compel defendant to respond to interrogatories; as modified, order affirmed, without costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The questions posed by plaintiff in Interrogatories 1 through 40, and 44, seeking information concerning the operation of defendant's law practice, are irrelevant to plaintiff's sole remaining causes of action for false imprisonment and civil assault. Plaintiff's motion to compel defendant to respond to those interrogatories should have been denied since they request information that is not material or relevant to the issues presently framed in the lawsuit ( see Zohar v. Hair Club for Men, Ltd., 200 AD2d 453). Defendant has adequately responded to plaintiff's other interrogatories.
This constitutes the decision and order of the court.