Opinion
November 14, 1989
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Petitioner demonstrated that he employed respondent as his personal secretary in New York, had her open an account in her name to pay his business expenses in New York, and that there had likely been unauthorized activity with respect to the account prior to respondent's sudden departure from employment. Petitioner has been unable to obtain records of the account, of which he was, without contradiction, beneficial owner. Disclosure of such limited documentary material, in order to enable petitioner to frame a complaint, is well within the ambit of preaction disclosure pursuant to CPLR 3102 (c) where petitioner has demonstrated he likely has causes of action against respondent (Matter of Simpson [Traum], 63 A.D.2d 583 [1st Dept]; 3 Weinstein-Korn-Miller, N Y Civ Prac ¶¶ 3012.13, 3012.14).
Concur — Ross, J.P., Carro, Asch, Kassal and Smith, JJ.