In re the City of Buffalo

Order unanimously reversed, without costs, and motion denied. Memorandum: Respondent, City of Buffalo (City), alleges that the appellants defrauded the City by securing payment for services which they did not render. Special Term granted the City’s motion to examine appellant "to aid it [City] in bringing an action” against each of the appellants. Among other contentions, appellants claim that preaction disclosure should not be permitted that no showing has been made that the requested disclosure is "material and necessary” (CPLR 3101, subd [a]). They assert that the City knows the identity…