Chilvers v. New York Magazine Co.

OPINION OF THE COURT

Edward H. Lehner, J.

This motion raises the issue of whether the mere assertion of a claim for punitive damages entitles the claimant as of right to obtain pretrial information with respect to the profits of the alleged offending party.

Defendants move pursuant to CPLR 3133 and 3103 (subd [a]) to strike Interrogatory No. 5 of the fourth set of interrogatories, and to strike Item No. 1 from the notice of discovery and inspection both of which seek information relating to the profits of the defendant New York Magazine for 1978, 1979 and 1980.

This is an action to recover for an…