Avila Fabrics, Inc. v. 152 West 36th Street Corp.

Eager, J. (dissenting in part).

I dissent from the view of the majority that, under CPLR, there may be no discovery and inspection of documents not in the possession or control of parties. CPLR 3101 broadly states that “ There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by * * * (4) any person where the court on motion determines that there are adequate special circumstances.” The “ disclosure ” may be obtained by the use of the “ disclosure devices ’ ’ provided for in CPLR 3102, including ‘ ‘…