In re MacDonald
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law with costs and motion denied. Memorandum: Special Term erred in granting the application for preaction disclosure (CPLR 3102 [c]) because the papers upon which it was based contained mere conclusory statements of suspicion and conjecture which are insufficient (see, Emmrich v Technology for Information Mgt., 91 AD2d 777; Stewart v Socony Vacuum Oil Co., 3 AD2d 582, 583) and because petitioner has failed to establish that he has a good cause of action (see, L-Tron Corp. v Davco Sys., 60 AD2d 25, 28; cf., Matter of Dack [Beni Broadcasting], 101 Misc 2d…
2Cases cited4 opinions
- Stewart v. Socony Vacuum Oil Co.Appellate Division of the Supreme Court of the State of New York · 1957
- L-Tron Corp. v. Davco Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Emmrich v. Technology for Information Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- In re DackNew York Supreme Court · 1979