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.