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Matter of Xerox Corporation v. Duminuco

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 950 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Monroe County, Rosenbloom, J.

Present — Denman, P.J., Fallon, Wesley, Doerr and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: We reject the contention that Supreme Court abused its discretion by granting petitioner leave to serve a consolidated and amended petition. Respondents failed to demonstrate that they suffered any prejudice or surprise and, "[a]bsent prejudice or surprise resulting from delay, motions to amend pleadings should be freely granted" (Ramundo v. Town of Guilderland, 108 A.D.2d 995, 996).

We also conclude that the court's denial of respondents' motion seeking disclosure was not an abuse of the broad discretion with which trial courts are vested in supervising disclosure (see, Nitz v. Prudential-Bache Sec., 102 A.D.2d 914, 915). Because this proceeding was commenced pursuant to RPTL article 7, disclosure is governed by CPLR 408, which requires leave of court. The record reveals that respondents' disclosure request sought information that is no longer material and necessary to the litigation (see, CPLR 3101 [a]).


Summaries of

Matter of Xerox Corporation v. Duminuco

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 950 (N.Y. App. Div. 1995)
Case details for

Matter of Xerox Corporation v. Duminuco

Case Details

Full title:In the Matter of XEROX CORPORATION, Respondent, v. DEBRA DUMINUCO, as…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 950 (N.Y. App. Div. 1995)
629 N.Y.S.2d 568

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