BOONE v. BENDER

Ordered that the order is reversed, on the law, with costs, the motion is denied, and so much of the referee's determination as denied the plaintiff's application to compel a further response to interrogatory No. 7 is reinstated.

The plaintiff failed to show that the additional information she sought was "material and necessary to the prosecution of [her] action" ( Acosta v. Hadjigavriel, 6 AD3d 636, 637). Accordingly, the Supreme Court erred in granting her motion ( see generally Allen v. Crowell-Collier Publ. Co., 21 NY2d 403, 406-408; Acosta v. Hadjigavriel, supra; Vyas v. Campbell, 4 AD3d 417).

In light of our determination, we need not reach the plaintiff's remaining contention.