Opinion
June 24, 1996
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order dated April 19, 1995, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated October 11, 1995, is modified by deleting the provision thereof denying the branch of the plaintiff's motion which was to quash the subpoena with regard to documents relating to Citibank's electronic payment services and substituting therefor a provision directing discovery only as to (1) the instructions given by Citibank to the plaintiff regarding the programming of his home computer to make electronic transfers to Green Point Savings Bank, (2) the "computer grid" instructions for electronic payment, (3) correspondence between the plaintiff, his agents and/or lawyers, and Citibank regarding his payment of the Green Point Savings Bank mortgages, and (4) a listing of all electronic payments made by Citibank to Green Point Savings Bank on behalf of the plaintiff and based on the plaintiff's instructions; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the plaintiff's contention that the material sought in the second paragraph of the defendants' subpoena, to wit: "all documents relating to Citibank's electronic payment services, including, but not limited to, material distributed to its customers", is overbroad and lacks reasonable particularity, as evidenced by the defendants' willingness to narrow the request ( see, CPLR 3120 [a]).
We have reviewed the parties' remaining contentions and find them to be without merit. Rosenblatt, J.P., Thompson, Pizzuto and Hart, JJ., concur.