Gama Aviation Inc. v. Sandton Capital Partners, LP

We substitute our discretion for that of the motion court (see Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 745 [2000]), since there is no indication in the record that the documents sought are relevant to Gama’s claim for lost profits. Gama articulated a narrow claim based on the grounding of a specific aircraft in October 2010, after the aircraft was booked for between 250 and 300 flight hours over the course of the following 12 months, which was expected to produce revenue of over $1 *457million. Although pre-2011 financial information and tax returns were produced, defendants have not…