§ 1101 — Disclosure

§ 1101. Disclosure. (a) CPLR applicable. The procedures set forth in\nthe CPLR relative to disclosure, bill of particulars and the procuring\nof a copy of the items of an account, shall govern in this court,\nsubject to subdivision (b). In an action to impose or collect a civil\npenalty for violation of the multiple dwelling law or the housing\nmaintenance code of the New York city administrative code, leave of\ncourt, obtained by motion to the housing part thereof, shall be required\nfor disclosure or for a bill of particulars except for a notice under\nCPLR 3123, which leave shall be granted only upon a showing that such\ndisclosure or bill of particulars is necessary to the prosecution or\ndefense of the action. If it is so noted on the summons, any motion for\ndisclosure or a bill of particulars must be made in writing and on\nnotice and must be filed with the clerk with proof of service not later\nthan thirty days after joinder of issue.\n (b) Parties and non-parties. All notices, orders, subpoenas and other\npapers relating to disclosure:\n 1. by a party, may be served by such means and at such place,\nregardless of city or state lines, as would be permissible in the\nsupreme court in a like instance;\n 2. by a person not a party, may be served and executed only within the\ncity, unless the court shall find that the interests of justice require\nthat service not be so limited, in which case the court may permit\nservice as in paragraph one. Such permission may be granted only after\nmotion on notice to all adverse parties.\n (c) Protective order. The protective order provided for in CPLR § 3103\nshall be available in this court with regard to all of the foregoing,\nand shall not be limited to the disclosure devices provided in article\n31 of the CPLR.\n