Legal Opinion

Theodoli v. 170 East 77th 1 LLC

New York Supreme Court

Decided April 13, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Doris Ling-Cohan, J.

In this motion to compel, plaintiffs have raised a novel issue as to whether a party is required to disclose all documents it intends “to introduce or rely upon at trial,” prior to trial.

Background

Plaintiffs were tenants in apartment 10D (premises) at 170 East 77th Street, New York, New York (the building), from January 2004 through October 2007. On or about July 2007, plaintiffs commenced this mold/personal injury action, asserting four causes of action against defendants: (1) breach of an implied warranty of habitability; (2) negligence; (3)…

2Cases cited9 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. People v. ColavitoNew York Court of Appeals · 1996
  3. Twenty Four Hour Fuel Oil Corp. v. Hunter Ambulance Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Beckles v. Kingsbrook Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
  5. Poyck v. BryantCivil Court of the City of New York · 2006

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