40 Cited authorities

Allen v. Crowell-Collier Pub. Co.
21 N.Y.2d 403 (N.Y. 1968) Cited 1,964 times 1 Legal Analyses
Holding that "[t]he words, "material and necessary", are . . . to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity"
Andon v. 302-304 Mott Street Associates
94 N.Y.2d 740 (N.Y. 2000) Cited 401 times
Holding that the "Appellate Division did not abuse its discretion in holding that [a doctor's] affidavit — on which defendants' request was based — was insufficient to justify compelling plaintiff-mother to take an IQ test"
VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.
93 A.D.3d 33 (N.Y. App. Div. 2012) Cited 206 times 7 Legal Analyses
Finding that destroyed records were relevant when they were from a “vital time period” in relationship to a breach of contract dispute
O'Neill v. Oakgrove Constr
71 N.Y.2d 521 (N.Y. 1988) Cited 165 times 1 Legal Analyses
Recognizing a qualified privilege arising under the federal and the state constitutions for non-confidential materials
Strong v. City of N.Y.
112 A.D.3d 15 (N.Y. App. Div. 2013) Cited 75 times 1 Legal Analyses
In Strong, the plaintiff demonstrated that the City had negligently failed to take active steps to halt the process of automatically deleting audio recordings, despite having notice of impending litigation for which a specific audio recording would be relevant (id.).
Duluc v. AC & L Food Corp.
119 A.D.3d 450 (N.Y. App. Div. 2014) Cited 63 times
In Duluc v AC & L Food Corp. (119 AD3d 450, 450-451 [1st Dept 2014]), the Appellate Division found no spoliation of evidence when the defendant erased surveillance tapes recorded before a slip-and-fall occurrence after preserving the footage of the accident itself.
Mann v. Cooper Tire Co.
33 A.D.3d 24 (N.Y. App. Div. 2006) Cited 76 times
Holding that scope of discovery in tread separation case should include "documents relating generally to the tread separation defect or problem" because otherwise the defendant would not produce "documents probative on the issues of notice, defectiveness and dangerousness"
Ahroner v. Israel Discount Bank
79 A.D.3d 481 (N.Y. App. Div. 2010) Cited 49 times 3 Legal Analyses
No. 3823. December 7, 2010. Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 13, 2009, which, insofar as appealed from, granted spoliation sanctions to the extent of granting plaintiff an adverse inference instruction at trial with respect to e-mails on defendant Bastante's hard drive, permitting plaintiff to seek a missing documents charge with respect to certain "employee lists" at the time of trial, and directing defendants to reimburse plaintiff for the amount he paid
Gjonaj v. Otis
38 A.D.3d 384 (N.Y. App. Div. 2007) Cited 52 times
No. 564. March 22, 2007. Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered December 7, 2005, which, in an action for personal injuries allegedly sustained when the freight elevator in which plaintiff, a porter, was riding suddenly dropped several floors, granted motions by defendants building owners and elevator service contractor and its parent company for summary judgment dismissing the complaint, unanimously affirmed, without costs. Antin, Ehrlich Epstein, P.C., New York
Palermo Mason Construction, Inc. v. Aark Holding Corp.
300 A.D.2d 460 (N.Y. App. Div. 2002) Cited 56 times
2002-00535 Submitted November 13, 2002. December 16, 2002. In an action, inter alia, to recover damages for fraudulent conveyance and breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), dated November 30, 2001, as denied that branch of its motion which was to compel the defendant Home Depot U.S.A., Inc., to comply with certain discovery requests pursuant to CPLR 3124. McCarthy, Fingar, Donovan, Drazen
Section 600.10 - Format and content of records, appendices and briefs
N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10 Cited 11 times
(a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply

40 Cited authorities

Holding that "[t]he words, "material and necessary", are . . . to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity"

Holding that the "Appellate Division did not abuse its discretion in holding that [a doctor's] affidavit — on which defendants' request was based — was insufficient to justify compelling plaintiff-mother to take an IQ test"

Finding that destroyed records were relevant when they were from a “vital time period” in relationship to a breach of contract dispute

Recognizing a qualified privilege arising under the federal and the state constitutions for non-confidential materials

In Strong, the plaintiff demonstrated that the City had negligently failed to take active steps to halt the process of automatically deleting audio recordings, despite having notice of impending litigation for which a specific audio recording would be relevant (id.).

In Duluc v AC & L Food Corp. (119 AD3d 450, 450-451 [1st Dept 2014]), the Appellate Division found no spoliation of evidence when the defendant erased surveillance tapes recorded before a slip-and-fall occurrence after preserving the footage of the accident itself.

Holding that scope of discovery in tread separation case should include "documents relating generally to the tread separation defect or problem" because otherwise the defendant would not produce "documents probative on the issues of notice, defectiveness and dangerousness"