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Swiskey v. Lamotta

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 416 (N.Y. App. Div. 1991)

Opinion

February 28, 1991

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


Over two-thirds of the requests set forth in plaintiffs' "First Notice to Produce" are palpably overbroad or well beyond the scope of permissible discovery. In such a case, it is not the court's responsibility to prune the offensive document, and plaintiffs' notice was properly vacated in its entirety (Bohlen Capital Holdings v Standard Coal Co., 90 A.D.2d 476).

We find plaintiffs' remaining arguments to be without merit, and note that, in any event, plaintiff may yet serve a proper demand in accordance with CPLR 3101 and 3120.

Concur — Carro, J.P., Milonas, Ellerin, Kupferman and Rubin, JJ.


Summaries of

Swiskey v. Lamotta

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 416 (N.Y. App. Div. 1991)
Case details for

Swiskey v. Lamotta

Case Details

Full title:JACQUELINE SWISKEY et al., Appellants, v. GUY LAMOTTA, Respondent

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

Date published: Feb 28, 1991

Citations

170 A.D.2d 416 (N.Y. App. Div. 1991)
566 N.Y.S.2d 292

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