Legal Opinion

Rivera v. NYP Holdings Inc.

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

Decided June 9, 2009PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 18, 2008, which, to the extent appealed from, denied the motion of defendants NYP Holdings Inc., Zach Haberman and Jim Hinch to compel certain discovery, unanimously reversed, on the law and the facts, without costs, and the motion to compel the sought disclosure granted.

We conclude that the denial of defendants’ motion to compel constituted an improvident exercise of discretion. Full disclosure is required of “all matter material and necessary” to the defense of an action (CPLR 3101 [a]), and the words “material…

2Cases cited5 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Sobel v. HigginsNew York Court of Appeals · 1991
  3. Wright v. SnowAppellate Division of the Supreme Court of the State of New York · 1991
  4. Miller v. Journal-NewsAppellate Division of the Supreme Court of the State of New York · 1995
  5. Burdick v. Shearson American Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Lituma v. Liberty Coca-Cola Beverages LLCAppellate Division of the Supreme Court of the State of New York · 2025
  2. Smartmatic USA Corp. v. Fox Corp.Appellate Division of the Supreme Court of the State of New York · 2025
  3. Trump v. TrumpAppellate Division of the Supreme Court of the State of New York · 2026

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