Opinion
Submitted April 5, 2000.
May 15, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated October 26, 1999, which granted the plaintiff's motion to compel him to respond to the plaintiff's notices for discovery and inspection of certain records.
Fiedelman McGaw, Jericho, N.Y. (Andrew Zajac of counsel), for appellant.
Genser, Dubow, Genser Cona, LLP, Jericho, N.Y. (Howard I. Dubow of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly directed the defendant to respond to the plaintiff's notices for discovery and inspection of certain records, as they were material and relevant to the prosecution of the action (see, CPLR 3101[a]; Northway Eng'g v. Felix Indus., 77 N.Y.2d 332; Mirabel v. State Farm Ins. Co., ___ A.D.2d ___ [2d Dept., Oct. 4, 1999]; Coan v. Long Is. R.R., 246 A.D.2d 569).
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.