Miller v. Kings Highway Hospital, Inc.

*533Contrary to the appellant’s contention, the Supreme Court did not improvidently exercise its discretion by granting the plaintiffs’ motion to quash the subpoena served on the American Express Travel Related Services Company, Inc. Since the injured plaintiff’s main cause of action to recover damages for the loss of enjoyment of life relates to his inability to perform surgery rather than his inability to engage in recreational activities, the subpoenaed documents are not material and necessary to the defense of this action (see, CPLR 3101 [a]; Titleserv, Inc. v Zenobio, 210 AD2d 314).

Likewise,…