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Shaw v. Bressler

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1999
260 A.D.2d 263 (N.Y. App. Div. 1999)

Opinion

April 20, 1999

Appeal from the Supreme Court, New York County (Martin Evans, J.H.O.).


Ordering plaintiff to, produce all of the 500,000 photographs in his possession was a proper exercise of discretion, where plaintiff had been given the opportunity to review all of the photographs in defendant's possession, and, up until the time of the orders on appeal, did nothing to dispel defendant's and the Judicial Hearing Officer's belief that he was in possession of only the far lesser number of photographs he had already produced. Inspection of the photographs clearly would be helpful in resolving the parties' conflicting claims of authorship, expressly left unresolved in the motion court's pretrial orders. Plaintiffs reliance on authorities disallowing disclosure after the filing of a note of issue absent a showing of extraordinary circumstances is misplaced in this very unusual action, in which no note of issue was ever filed and disclosure has apparently been conducted only during the course of trial.

Concur — Sullivan, J. P., Wallach, Lerner, Mazzarelli and Buckley, JJ.


Summaries of

Shaw v. Bressler

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1999
260 A.D.2d 263 (N.Y. App. Div. 1999)
Case details for

Shaw v. Bressler

Case Details

Full title:SAM SHAW, Appellant, v. MARTIN BRESSLER et al., Respondents

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

Date published: Apr 20, 1999

Citations

260 A.D.2d 263 (N.Y. App. Div. 1999)
688 N.Y.S.2d 525

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