Legal Opinion

In re MacDonald

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

Decided April 14, 1989Published

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

  1. Stewart v. Socony Vacuum Oil Co.Appellate Division of the Supreme Court of the State of New York · 1957
  2. L-Tron Corp. v. Davco Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Emmrich v. Technology for Information Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. In re DackNew York Supreme Court · 1979

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API