Krause v. American Guarantee & Liability Insurance

Appellate Division of the Supreme Court of New York

Krause v. American Guarantee & Liability Insurance

31 A.D.2d 606, 295 N.Y.S.2d 341, 1968 N.Y. App. Div. LEXIS 4953

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 1968

StatusPublished

This text of 31 A.D.2d 606 (Krause v. American Guarantee & Liability Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krause v. American Guarantee & Liability Insurance, 31 A.D.2d 606, 295 N.Y.S.2d 341, 1968 N.Y. App. Div. LEXIS 4953 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order entered 3, 1968, appealed from, which denied appellant’s motion for a protective order striking out or modifying certain of plaintiff’s interrogatories, unanimously reversed on the law and the facts and the motion is granted as to interrogatories Nos. 4, 5, 6, 7, 9(d), 9(4) and 10, without costs or disbursements to either party. The plaintiff’s demands far exceed the scope of proper disclosure in that as phrased they may reasonably be construed to include material prepared for litigation as well as the work product of attorneys (CPLR 3101) and are unduly burdensome. Additionally,, interrogatory No. 10 seeks an answer to a question of law. 'Such information as plaintiff might foe properly entitled to within the stricken items may be obtained in discovery proceedings. Concur — Stevens, J. P., Eager, Steuer, Tilzer and McGivem, JJ.

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Order entered 3, 1968, appealed from, which denied appellant’s motion for a protective order striking out or modifying certain of plaintiff’s interrogatories, unanimously reversed on the law and the facts and the motion is granted as to interrogatories Nos. 4, 5, 6, 7, 9(d), 9(4) and 10, without costs or disbursements to either party. The plaintiff’s demands far exceed the scope of proper disclosure in that as phrased they may reasonably be construed to include material prepared for litigation as well as the work product of attorneys (CPLR 3101) and are unduly burdensome. Additionally,, interrogatory No. 10 seeks an answer to a question of law. 'Such information as plaintiff might foe properly entitled to within the stricken items may be obtained in discovery proceedings. Concur — Stevens, J. P., Eager, Steuer, Tilzer and McGivem, JJ.

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Bluebook (online)

31 A.D.2d 606, 295 N.Y.S.2d 341, 1968 N.Y. App. Div. LEXIS 4953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krause-v-american-guarantee-liability-insurance-nyappdiv-1968.