Schreier v. Mascola

Lazer, J.P.,

concurs in part and dissents in part, with the following memorandum: At issue here is the plaintiff’s right to pretrial discovery of defendant’s financial records in an action where the complaint contains separate causes of action for breach of contract and for an accounting. In denying plaintiff the right to such discovery, the majority has harkened back to the venerable rule that where an equitable accounting is sought by the plaintiff, matters essentially fiscal in nature must remain inscrutable until the right to an accounting has been established by an interlocutory judgment…