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Auerbach v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 799 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the Supreme Court, Westchester County (Nastasi, J.).


Ordered that the order is reversed, with costs, the motion for a protective order is granted, and the notice for discovery and inspection dated June 1, 1986 is vacated with leave to serve an appropriate notice for discovery and inspection.

The notice for discovery and inspection served by the plaintiff in this action should be vacated. That notice failed to specify the documents sought by the plaintiff with "reasonable particularity" (CPLR 3120 [a] [1] [i]; see generally, Benzenberg v. Telecom Plus, 119 A.D.2d 717; Zimmerman v. New York City Tr. Auth., 115 A.D.2d 738, 739-740; Harnett v. Skandia Am. Reinsurance Corp., 60 A.D.2d 515; Rios v. Donovan, 21 A.D.2d 409). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

Auerbach v. Frank

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 799 (N.Y. App. Div. 1987)
Case details for

Auerbach v. Frank

Case Details

Full title:RICHARD AUERBACH, Respondent, v. BARRY FRANK, Defendant, and TRANS WORLD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1987

Citations

133 A.D.2d 799 (N.Y. App. Div. 1987)

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