Legal Opinion

Dicenso v. Wallin

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

Decided August 14, 2013Published

1Opinion of the Court

*509In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated December 20, 2012, as denied those branches of her motion which were to compel additional nonparty depositions and additional nonparty document discovery.

Ordered that the order is affirmed insofar as appealed from, with costs.

A party seeking disclosure from a nonparty witness must demonstrate that the disclosure sought is material and necessary, and must set forth the “circumstances or reasons”…

2Cases cited5 opinions

  1. Kooper v. KooperAppellate Division of the Supreme Court of the State of New York · 2010
  2. Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
  3. Tenore v. TenoreAppellate Division of the Supreme Court of the State of New York · 2007
  4. Farmer v. Nostrand Avenue Meat & PoultryAppellate Division of the Supreme Court of the State of New York · 2007
  5. Kondratick v. Orthodox Church in AmericaAppellate Division of the Supreme Court of the State of New York · 2010

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