Szafranski v. Priebe

Appellate Division of the Supreme Court of New York

Szafranski v. Priebe

152 A.D.2d 1003, 543 N.Y.S.2d 598, 1989 N.Y. App. Div. LEXIS 9940

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

DecidedJuly 12, 1989

StatusPublished

This text of 152 A.D.2d 1003 (Szafranski v. Priebe) 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.

Bluebook

Szafranski v. Priebe, 152 A.D.2d 1003, 543 N.Y.S.2d 598, 1989 N.Y. App. Div. LEXIS 9940 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously reversed on the law with costs and motion denied. Memorandum: The court erred in precluding plaintiffs discovery of defendant’s karate manual. CPLR 3101 (a) provides, in pertinent part, "There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action”. That language is to be interpreted liberally to require disclosure of facts bearing on the controversy which will assist in preparation for trial. "The test is one of usefulness and reason” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406). Plaintiff established that defendant’s karate manual is possibly relevant to prosecution of her personal injury action and thus "material and necessary” within the meaning of the statute. (Appeal from order of Supreme Court, Erie County, Francis, J. — discovery.) Present —Denman, J. P., Boomer, Green, Lawton and Davis, JJ.

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Order unanimously reversed on the law with costs and motion denied. Memorandum: The court erred in precluding plaintiffs discovery of defendant’s karate manual. CPLR 3101 (a) provides, in pertinent part, "There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action”. That language is to be interpreted liberally to require disclosure of facts bearing on the controversy which will assist in preparation for trial. "The test is one of usefulness and reason” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406). Plaintiff established that defendant’s karate manual is possibly relevant to prosecution of her personal injury action and thus "material and necessary” within the meaning of the statute. (Appeal from order of Supreme Court, Erie County, Francis, J. — discovery.) Present —Denman, J. P., Boomer, Green, Lawton and Davis, JJ.

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Bluebook (online)

152 A.D.2d 1003, 543 N.Y.S.2d 598, 1989 N.Y. App. Div. LEXIS 9940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szafranski-v-priebe-nyappdiv-1989.

Opinion

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