CPLR § 3130

CPLR § 3130 Use of interrogatories

1. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.

Nasca v D.M.R. Indus., Inc., 2010 NY Slip Op 01462 (App. Div., 2nd, 2010)

The Supreme Court properly denied that branch of the plaintiff's motion which was to compel the defendant to comply with his demand for disclosure of its tax returns for the year 2000. The plaintiff failed to show that the information contained in the defendant's tax returns was indispensable to his claim and could not be obtained from other sources (see Pugliese v Mondello, 57 AD3d 637, 639-640; Benfeld v Fleming Props., LLC, 44 AD3d 599, 600).

Since the plaintiff had already served the defendant with a demand for a bill of particulars, CPLR 3130(1) precluded the plaintiff from serving the defendant with a set of interrogatories (see Hyman & Gilbert v Greenstein, 138 AD2d 678, 681). Accordingly, the Supreme Court properly denied that branch of the plaintiff's motion which was to compel the defendant to respond to those interrogatories, and properly granted that branch of the defendant's cross motion which was for a protective order with regard to those interrogatories.

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