Legal Opinion

Central Buffalo Project Corp. v. Rainbow Salads, Inc.

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

Decided May 27, 1988No. Appeal No. 1PublishedCited by 17 opinions

1Opinion of the Court

Memorandum: Special Term properly concluded that the report based upon a review of petitioner’s books and financial records prepared by William Mahaney, CPA, was not exempt from discovery. CPLR 3101 (a) provides that "[t]here shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action” and this provision is accorded a liberal interpretation in favor of disclosure (Nitz v Prudential-Bache Secs., 102 AD2d 914, 915). When a party claims that particular records or documents are exempt or immune from disclosure, the burden is on the party asserting…

2Cases cited11 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Koump v. SmithNew York Court of Appeals · 1969
  3. People v. EdneyNew York Court of Appeals · 1976
  4. Nitz v. Prudential-Bache Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  5. Tennant v. . DudleyNew York Court of Appeals · 1895

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3Cited by17 opinions

  1. Wallace v. Parks Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Salzer v. Farm Family Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Lamitie v. Emerson Electric Company-White Rodgers DivisionAppellate Division of the Supreme Court of the State of New York · 1994
  4. NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Lichtenberg v. ZinnAppellate Division of the Supreme Court of the State of New York · 1997

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