Legal Opinion
Auerbach v. Klein
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2006PublishedCited by 21 opinions
1Opinion of the Court
In a shareholder’s derivative action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 25, 2005, which denied his motion, inter alia, for leave to serve subpoenas for certain banking and telephone records of the defendant Samuel J. Klein.
Ordered that the order is affirmed, with costs.
Fursuant to CFLR 3101 (a), “full disclosure of all matter ma*452terial and necessary in the prosecution or defense of an action” is required. The phrase “material and necessary” should be “interpreted liberally to require disclosure, upon request, of any facts bearing…
2Cases cited4 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- Latture v. SmithAppellate Division of the Supreme Court of the State of New York · 2003
- NBT Bancorp, Inc. v. Fleet/Norstar Financial Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by21 opinions
- McCann v. Harleysville InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Gitlin v. ChirinkinAppellate Division of the Supreme Court of the State of New York · 2010
- Friel v. PapaAppellate Division of the Supreme Court of the State of New York · 2011
- Morano v. Slattery Skanska, Inc.New York Supreme Court · 2007
- Constantino v. Dock's Clam Bar & Pasta HouseAppellate Division of the Supreme Court of the State of New York · 2009
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