1009 Second Avenue Associates v. Benenson Capital Co.

Appellate Division of the Supreme Court of New York

1009 Second Avenue Associates v. Benenson Capital Co.

247 A.D.2d 203, 668 N.Y.S.2d 351, 1998 N.Y. App. Div. LEXIS 776

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1998·Published

Opinion

Order, Supreme Court, New York County (Louise Gruner Cans, J.), entered March 25, 1997, which, insofar as appealed from as limited by defendants-appellants’ brief, granted plaintiffs motion to compel compliance with items 1, 4, 5 and 6 of its supplemental notice of discovery and inspection, unanimously modified, on the law and the facts, to the extent of denying the motion as to documents requested in items 4, 5 and 6, and otherwise affirmed, without costs.

The record fails to support the motion court’s determination that the disclosure of documents requested in items 4, 5, and 6 of plaintiffs supplemental notice for discovery and inspection are material and necessary to plaintiffs action. Indeed, plaintiff did not attempt to justify its request for these materials on the motion.

Concur — Sullivan, J. P., Williams, Tom and Andrias, JJ.

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Order, Supreme Court, New York County (Louise Gruner Cans, J.), entered March 25, 1997, which, insofar as appealed from as limited by defendants-appellants’ brief, granted plaintiffs motion to compel compliance with items 1, 4, 5 and 6 of its supplemental notice of discovery and inspection, unanimously modified, on the law and the facts, to the extent of denying the motion as to documents requested in items 4, 5 and 6, and otherwise affirmed, without costs.

The record fails to support the motion court’s determination that the disclosure of documents requested in items 4, 5, and 6 of plaintiffs supplemental notice for discovery and inspection are material and necessary to plaintiffs action. Indeed, plaintiff did not attempt to justify its request for these materials on the motion.

Concur — Sullivan, J. P., Williams, Tom and Andrias, JJ.

1009 Second Avenue Associates v. Benenson Capital Co., 247 A.D.2d 203, 668 N.Y.S.2d 351, 1998 N.Y. App. Div. LEXIS 776 (N.Y. Ct. App. 1998).

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247 A.D.2d 203 (1009 Second Avenue Associates v. Benenson Capital Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.