Opinion
Proceedings on objections to interrogatories. The District Court, Pollack, J., held that interrogatories asking doctors as to other legal proceedings instituted by or against them were not relevant to issues involved in plaintiff's malpractice action against doctors and objections thereto would be sustained.
Order accordingly.
Andrew A. Gore, New York City, for plaintiff.
Martin, Clearwater & Bell, New York City, for defendants McCullough, Murry
and Robbins, by William F. Martin, New York City, of counsel.
John E. Morris, New York City, for defendant St. Francis Hospital.
MEMORANDUM
POLLACK, District Judge.
Three defendant physicians in this malpractice action object to identical written interrogatories which plaintiff has addressed to each of them respectively under Rule 33, F.R.Civ.P. The interrogatories, numbered 7, 8 and 9, seek the particulars of any other legal action in which any of the three physicians was involved as a party.
Other legal proceedings instituted by or against these physician defendants are not relevant to the potential issues for trial in this case. In the exercise of the Court's discretion, the objections to Interrogatories 7, 8 and 9 propounded by the plaintiff are sustained. See, Cox v. Livingston, 41 F.R.D. 344 (S.D.N.Y.1967).
So ordered.