Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Order unanimously reversed on the law with costs and motion denied. Memorandum: Special Term erred in granting the application for preaction disclosure (CPLR 3102 [c]) because the papers upon which it was based contained mere conclusory statements of suspicion and conjecture which are insufficient (see, Emmrich v. Technology for Information Mgt., 91 A.D.2d 777; Stewart v. Socony Vacuum Oil Co., 3 A.D.2d 582, 583) and because petitioner has failed to establish that he has a good cause of action (see, L-Tron Corp. v. Davco Sys., 60 A.D.2d 25, 28; cf., Matter of Dack [Beni Broadcasting], 101 Misc.2d 490, 496).