Radon v. State

Appellate Division of the Supreme Court of New York

Radon v. State

144 A.D.2d 924, 535 N.Y.S.2d 565, 1988 N.Y. App. Div. LEXIS 14380

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1988

DocketClaim No. 73049

StatusPublished

This text of 144 A.D.2d 924 (Radon v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Radon v. State, 144 A.D.2d 924, 535 N.Y.S.2d 565, 1988 N.Y. App. Div. LEXIS 14380 (N.Y. Ct. App. 1988).

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Opinion

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We recognize that there is a policy of liberal and full disclosure to be applied to discovery requests pursuant to CPLR 3101 (a) (see, Allen v Crowell-Collier Publ. Co., 21 NY2d 403; Jonmaire v Town of W. Seneca, 120 AD2d 928; Wiseman v American Motors Sales Corp., 103 AD2d 230, 237; Klatz v Armor Elevator Co., 93 AD2d 633). However, in the circumstances of this case, the court should make an in camera inspection of the [925]*925records and determine what portion of the records, if any, is material and necessary to the prosecution of the issues. (Appeal from order of Court of Claims, McMahon, J. — discovery.) Present — Callahan, J. P., Denman, Boomer, Green and Law-ton, JJ.

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Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We recognize that there is a policy of liberal and full disclosure to be applied to discovery requests pursuant to CPLR 3101 (a) (see, Allen v Crowell-Collier Publ. Co., 21 NY2d 403; Jonmaire v Town of W. Seneca, 120 AD2d 928; Wiseman v American Motors Sales Corp., 103 AD2d 230, 237; Klatz v Armor Elevator Co., 93 AD2d 633). However, in the circumstances of this case, the court should make an in camera inspection of the [925]*925records and determine what portion of the records, if any, is material and necessary to the prosecution of the issues. (Appeal from order of Court of Claims, McMahon, J. — discovery.) Present — Callahan, J. P., Denman, Boomer, Green and Law-ton, JJ.

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Bluebook (online)

144 A.D.2d 924, 535 N.Y.S.2d 565, 1988 N.Y. App. Div. LEXIS 14380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/radon-v-state-nyappdiv-1988.

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