Legal Opinion

Scaba v. Scaba

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

Decided October 23, 2012Published

1Opinion of the Court

*611Following Supreme Court’s order, we stayed electronic discovery, but permitted the rest of this matrimonial action to proceed (Scaba v Scaba, 2012 NY Slip Op 63300[U] [1st Dept 2012]). It did, and it appears that defendant’s businesses provided the information sought by plaintiff in non-electronic form. Indeed, Supreme Court has concluded that discovery is complete and the matter has been referred to a referee for trial. Accordingly, since discovery is complete, there is no actual controversy for this Court to consider (see e.g. Matter of Dreikausen v Zoning Bd. of Appeals of City of Long…

2Cases cited3 opinions

  1. Dreikausen v. Zoning Board of AppealsNew York Court of Appeals · 2002
  2. Etzion v. EtzionNew York Supreme Court · 2005
  3. Baulieu v. Ardsley Associates L.P.Appellate Division of the Supreme Court of the State of New York · 2011

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