Legal Opinion

Stanco v. Steinberg

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

Decided October 13, 1998PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR 3102 (c) to preserve testimony, the appeal is from an order of Supreme Court, Suffolk County (Seidell, J.), dated August 22, 1995, which granted the petition.

Ordered that the order is affirmed, with costs.

There shall be “full disclosure of all evidence material and necessary in the prosecution or defense of an action” (CPLR 3101 [a]; see, Spectrum Sys. Intl. Corp. v Chemical Bank, 78 NY2d 371, 376) and the court has wide discretion in determining what is material and necessary (see, Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406). Pre-action disclosure is…

2Cases cited2 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991

3Cited by2 opinions

  1. Rann v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Zeigler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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