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Orange Rockland Util. v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1978
64 A.D.2d 919 (N.Y. App. Div. 1978)

Opinion

August 14, 1978


In an action, inter alia, to declare that plaintiff may make certain street openings without obtaining a permit for a fee in excess of $10, plaintiff appeals from an order of the Supreme Court, Rockland County, entered August 12, 1977, which granted defendants' motion for a protective order. Order reversed, without costs or disbursements, motion denied, and defendants are directed to supply the requested materials at the examination before trial. A protective order shall be granted where a party will be subjected to unreasonable expense or annoyance. Since there are no allegations to this effect, the protective order should not have been granted. In addition, a request pursuant to CPLR 3111 does not require that the materials be specifically identified. All that is required is a description which is as detailed as is reasonable to expect under the circumstances (J.K. Sales v Coburn Corp. of Amer., 33 A.D.2d 514). Here, plaintiff has provided such a description of materials which are relevant and which are necessary for the deposition of the town officials. Moreover, the fact that the documents sought are available to plaintiff under the Freedom of Information Law is not a basis upon which to grant a protective order. The intent of that law is to supplement discovery and not to limit it (Public Officers Law, § 89, subd 5). Martuscello, J.P., Latham, Rabin and Hawkins, JJ., concur.


Summaries of

Orange Rockland Util. v. Town of Clarkstown

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1978
64 A.D.2d 919 (N.Y. App. Div. 1978)
Case details for

Orange Rockland Util. v. Town of Clarkstown

Case Details

Full title:ORANGE AND ROCKLAND UTILITIES, INC., Appellant, v. TOWN OF CLARKSTOWN et…

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

Date published: Aug 14, 1978

Citations

64 A.D.2d 919 (N.Y. App. Div. 1978)

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