BOONE v. BENDER


11 A.D.3d 496 (2004)

782 N.Y.S.2d 640

KATHRYN M. BOONE, Respondent, v. JOEL C. BENDER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and so much of the referee's determination as denied the plaintiff's application to compel a further response to interrogatory No. 7 is reinstated.

The plaintiff failed to show that the additional information she sought was "material and necessary to the prosecution of [her] action" (Acosta v Hadjigavriel, 6 A.D.3d 636, 637 [2004]). Accordingly...

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