Brooklyn Union Gas Co. v. Hartford Accident & Indemnity Co.

101 A.D.2d 875, 475 N.Y.S.2d 803, 1984 N.Y. App. Div. LEXIS 18576

Opinion

In an action, inter alia, to recover moneys paid by plaintiffs in settlement of certain underlying actions, defendant Hartford Accident & Indemnity Company appeals from an order of the Supreme Court, Kings County (Adler, J.), dated October 11,1983, which denied its motion pursuant to CPLR 3103 and 3133 for a protective order vacating the interrogatories served by plaintiffs. H Order reversed, with costs, and motion granted, without prejudice to the service of proper interrogatories. 11 The interrogatories served by plaintiffs are over-broad and prolix and it is not the function of this court to engage in pruning (see Faith v Boston Old Colony Ins. Co., 76 AD2d 900; Feinman v Menachemi, 75 AD2d 838). Gibbons, J. P., O’Connor, Boyers and Lawrence, JJ., concur.