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Scudder v. Chemical Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1992
186 A.D.2d 730 (N.Y. App. Div. 1992)

Opinion

October 19, 1992

Appeal from the Supreme Court, Nassau County (O'Brien, J.).


Ordered that the order is modified, by granting the plaintiff's motion only to the extent of vacating the demands for the production of documents contained in paragraphs 7, 8, 9 (a), 9 (b), 9 (c), 17 (b), 17 (d), 18, 20, and 22 of the defendants' combined interrogatories and notice for discovery and inspection, and otherwise denying the plaintiff's motion; as so modified, the order is affirmed, without costs or disbursements, and the plaintiff's time to comply with the defendants' interrogatories and notice for discovery and inspection is extended to 30 days after service upon him of a copy of this decision and order, with notice of entry.

The requests for the production of documents contained in paragraphs 7, 8, 9 (a), 9 (b), 9 (c), 17 (b), 17 (d), 18, 20, and 22 are overly broad (see, CPLR 3120; see, e.g., Benzenberg v Telecom Plus, 119 A.D.2d 717; 3A Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 3120.17). However, we consider the defendants' demand for the production of the plaintiff's copy of his bank account application (paragraph 1) and for the production of copies of the checks alleged to have been dishonored (paragraph 5 [b]) to be proper. We also consider the information requested in the defendants' interrogatories to be within the proper scope of pretrial disclosure, and we do not agree with the Supreme Court that the interrogatories, which consist of 24 paragraphs (there being two paragraphs designated as number "9"), are overly burdensome. Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

Scudder v. Chemical Bank

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1992
186 A.D.2d 730 (N.Y. App. Div. 1992)
Case details for

Scudder v. Chemical Bank

Case Details

Full title:JAMES A. SCUDDER, Respondent, v. CHEMICAL BANK et al., Appellants

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

Date published: Oct 19, 1992

Citations

186 A.D.2d 730 (N.Y. App. Div. 1992)

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