Opinion
May 11, 1993
Appeal from the Supreme Court, Bronx County (Howard R. Silver, J.).
The court properly determined that the proposed deposition regarding the collateral issue of the copying of decedent's medical record by plaintiff's daughter while an employee of defendant was not relevant, necessary or material to the litigation (see, Stephen-Leedom Carpet Co. v Arkwright-Boston Mfrs. Mut. Ins. Co., 101 A.D.2d 574, lv dismissed 64 N.Y.2d 754). Further, as the referring attorney herein had been contacted in his capacity as an attorney, for the purpose of obtaining legal advice and services, the attorney client privilege precluded his testimony (CPLR 3101 [b]; 4503; see, Matter of Priest v Hennessy, 51 N.Y.2d 62, 68-69).
Concur — Sullivan, J.P., Ellerin, Wallach, Rubin and Nardelli, JJ.