Legal Opinion

Wheeler v. Frank

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

Decided December 20, 2012PublishedCited by 1 opinion

1Opinion of the CourtLahtinen, J.

We affirm. Broad discretion is typically accorded the trial court’s supervision of disclosure (see e.g. Di Mascio v General Elec. Co., 307 AD2d 600, 601 [2003]). Generally, “the burden is on the party resisting disclosure to show that the materials sought were prepared solely for litigation and this burden cannot be satisfied with wholly conclusory allegations” (Claverack Coop. Ins. Co. v Nielsen, 296 AD2d 789, 789 [2002] [internal citation omitted]; see Friend v SDTC-Center for Discovery, Inc., 13 AD3d 827, 829 [2004]). In opposition to plaintiffs motion, defendants relied entirely upon…

2Cases cited5 opinions

  1. Agovino v. Taco Bell 5083Appellate Division of the Supreme Court of the State of New York · 1996
  2. Claverack Cooperative Insurance v. NielsenAppellate Division of the Supreme Court of the State of New York · 2002
  3. Di Mascio v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Friend v. SDTC-The Center for Discovery, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Pinkans v. HulettAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. Hewitt v. Palmer Veterinary Clinic, PCAppellate Division of the Supreme Court of the State of New York · 2016

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