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Matter of Lonray, Inc. v. Newhouse

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 440 (N.Y. App. Div. 1996)

Opinion

July 8, 1996

Appeal from the Supreme Court, Nassau County (Kingston, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

In a summary proceeding in which a petitioner moves for disclosure under CPLR 408, the pertinent criteria for consideration include, inter alia: (1) whether the petitioner has asserted facts to establish a cause of action; (2) whether a need to determine information directly related to the cause of action has been demonstrated; (3) whether the requested disclosure is carefully tailored so as to clarify the disputed facts; (4) whether any prejudice will result; and (5) whether the court can fashion or condition its order to diminish or alleviate any resulting prejudice ( New York Univ. v. Farkas, 121 Misc.2d 643; see also, Plaza Operating Partners v. IRM [U.S.A.], Inc., 143 Misc.2d 22).

The petitioner has asserted facts to establish its cause of action and has demonstrated a need for discovery. Since no prejudice is likely to result to the respondents and the discovery was carefully tailored to obtain information necessary to establish the petitioner's cause of action, the petitioner's motion should have been granted. Bracken, J.P., Thompson, Krausman and Florio, JJ., concur.


Summaries of

Matter of Lonray, Inc. v. Newhouse

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 440 (N.Y. App. Div. 1996)
Case details for

Matter of Lonray, Inc. v. Newhouse

Case Details

Full title:In the Matter of LONRAY, INC., Appellant, v. GAIL NEWHOUSE et al.…

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

Date published: Jul 8, 1996

Citations

229 A.D.2d 440 (N.Y. App. Div. 1996)
644 N.Y.S.2d 900

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