Ortiz v. Rivera

—Order, Supreme Court, Bronx County (Howard R. Silver, J.) entered May 14, 1992, which granted plaintiff’s motion to quash the subpoena served by defendant upon nonparty witness-attorney, unanimously affirmed, without costs.

The court properly determined that the proposed deposition *441regarding the collateral issue of the copying of decedent’s medical record by plaintiffs 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 AD2d 574, lv dismissed 64 NY2d 754). Further, as the…