N.Y. C.P.L.R. § 3101

Section 3101(a) permits disclosure of records material and necessary to defending a negligence action.

Rapetti v. East 51st Street Development Co. · filed 2011-05-23(a)

Specifically, CPLR 3101 (a) entitles parties to “full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” ... The records sought by RCG and East 51st are material and necessary to the defense of plaintiffs negligence action.

Section 3101(a) permits disclosure of retirement benefits and stock options that could be marital property under an ambiguous prenuptial agreement.

Manditch v. Manditch · filed 2011-09-13(a)

Moreover, the disclosure sought by the defendant is “material and necessary” (CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]), since paragraph 4.7 of the parties’ prenuptial agreement does not express an unambiguous intent to classify retirement benefits and stock options arising out of new businesses acquired or employment obtained after the marriage as separate property, rather than marital property subject to equitable distribution upon dissolution of the marriage.

Section 3101(a) permits disclosure of communications sufficiently related to the issues in controversy, subject to any applicable privilege.

Friel v. Papa · filed 2011-09-27(a)

Since the requested correspondence and other written communications between Murphy and the Vatican regarding the plaintiffs’ allegations against Papa are sufficiently related to the issues in controversy, this matter must be remitted to the Supreme Court, Nassau County, for an in camera review of that correspondence and those written communications, a determination as to whether those documents are privileged, and a new determination thereafter on that branch of the plaintiffs’ motion which was to compel disclosure of those documents.

Section 3101 permits pretrial disclosure of death benefits when the information is material and necessary to a collateral source defense.

Stolowski v. 234 East 178th Street LLC · filed 2011-11-15

Thus, disclosure of the death benefits that were or will be received by plaintiffs Bellew and Meyran is material and necessary in defense of this action (see CPLR 3101).

Section 3101(a) gives courts discretion to deny disclosure of private financial records that do not appear relevant to the issues in the case.

Murphy v. Hamilton · filed 2011-12-15(a)

“While disclosure provisions are to be liberally construed, the trial court is vested with broad discretion to supervise discovery and determine what is ‘material and necessary,’ ” and this Court will intervene only where there has been “a clear abuse of that discretion” (Mora v RGB, Inc., 17 AD3d 849, 851 [2005], quoting CPLR 3101 [a]; accord Market Ins. Co. v Bottini Fuel, 89 AD3d 1212 [2011]). ... With respect to the remaining documents requested by plaintiff, including defendants’ bank and credit card records, we find that they are “ ‘of a confidential and private nature’ ” and, upon our review of the record, do “ ‘not appear to be relevant to the issues in the case’ ” (Saratoga Harness Racing v Roemer, 274 AD2d at 889, quoting Titleserv, Inc. v Zenobio, 210 AD2d 314, 315-316 [1994]; see DG&A Mgt. Servs., LLC v Securities Indus. Assn. Compliance & Legal Div., 78 AD3d 1316, 1318 [2010]).

Section 3101(a) requires disclosure of material and necessary records, including records about the use of contaminated premises and plans to remediate them.

306 Rutledge, LLC v. City of New York · filed 2011-12-27(a)

Under the circumstances of this case, the Supreme ... Court providently granted that branch of the plaintiffs motion which was to direct the defendants to disclose its complete records concerning its use of, and activities at, the premises, relating to the creation and remediation of pollution at the premises, and any tangible records concerning any actions or plans to remediate the polluted condition, as these records are material and necessary to the issues in this case.

Section 3101(a) permits disclosure of medical records that may lead to evidence relevant to a malpractice defense.

NICHTER, THOMAS R. v. ERIE COUNTY MEDICAL CENTER CORPORAT · filed 2012-03-23(a)

We conclude, based upon the record before us, that the records sought are “material and necessary” to the defense of this action (CPLR 3101 [a]), inasmuch as they may contain information “reasonably calculated to lead to relevant evidence” (Grieco v Kaleida Health [appeal No. 2], 79 AD3d 1764, 1765).

CPLR 3101 does not require disclosure of contracts irrelevant to the fees sought and unnecessary to the defense.

BGC Partners, Inc. v. Refco Securities, LLC · filed 2012-06-21

The court denied defendant’s request, finding that the new commission contracts were irrelevant to plaintiffs right to the Fixed Fees and therefore not necessary in the defense of the action (see CPLR 3101). We agree.

Section 3101(a) requires broad disclosure of matters material and necessary to an action, subject to relevance limits.

Ural v. Encompass Insurance Co. of America · filed 2012-07-05(a)

With respect to the parties’ discovery issues, CPLR 3101 (a) broadly mandates “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) requires disclosure of evidence material and necessary to an action regardless of which party bears the burden of proof.

Vodoff v. Mehmood · filed 2012-02-14(a)

Further, CPLR 3101 (a) requires full disclosure of all evidence material and necessary to the prosecution or defense of an action, regardless of the burden of proof (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403 [1968]).

Section 3101(a) requires liberal disclosure of facts bearing on the controversy, with privacy protections where appropriate.

Dixon-Gales v. Brooklyn Hospital Center · filed 2012-03-07(a)

The words “material and necessary” as used in the statute are to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist in the preparation for trial. ... In the interest of privacy and to circumscribe the requested discovery to relevant information, the motion for a protective order is decided as follows: Dr. Lu-bin is directed to submit home and cell phone records for August 12, 2008 from 7:00 p.m. to 10:00 p.m. for an in camera inspection on or before April 30, 2012.

Section 3101(a) permits disclosure of corporate bank account and credit card information material and necessary to an alter-ego claim, limited here to the plaintiff’s employment period plus one year.

Zinger v. Service Center of New York, Inc. · filed 2012-04-05(a)

Accordingly, we find that such records and information, to the extent limited to the period of plaintiffs employment plus one year, are “material and necessary” for the prosecution of the action (CPLR 3101 [a]).

Section 3101 does not require disclosure of information that is not material and necessary to prosecuting the action.

Wiggins v. Kopko · filed 2012-04-12

Inasmuch as all fees acquired by Kopko in the pursuit of his Pennsylvania practice are, by the explicit terms of the addendum, separate assets from those acquired in the course of the law partnership, such information is not material and necessary to the prosecution of plaintiffs action and, therefore, is not subject to disclosure (see CPLR 3101).

Section 3101(a) does not require production of a confidential settlement agreement from unrelated prior personal injury actions when the agreement is not material and necessary to the defense.

Altonen v. Kmart of NY Holdings, Inc. · filed 2012-04-17(a)

The Supreme Court providently exercised its discretion in denying the defendants’ cross motion to compel production of a confidential settlement agreement from certain prior personal injury actions unrelated to this action, as the settlement agreement is not material and necessary to their defense of this action (see CPLR 3101 [a]; Allstate Ins. Co. v Belt Parkway Imaging, P.C., 70 AD3d 530 [2010]; Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d 381 [1995]).

Section 3101(a) permits disclosure of records material and necessary to the defense, including pre-accident disability application records relevant to claimed injuries and lost earnings.

BOYEA, PENNY v. BENZ, III, JAMES J. · filed 2012-06-15(a)

We agree with defendants that the court abused its discretion in denying that part of their motion seeking to compel the disclosure of all records relating to plaintiff’s pre-accident applications for SSD benefits. “The determinative factor is whether the records sought to be discovered are material and necessary in defense of the action” (Bozek v Derkatz, 55 AD3d 1311, 1312 [internal quotation marks omitted]; see CPLR 3101 [a]).

Section 3101(a) treats a mother’s records from earlier pregnancies as material and necessary to the defense when expert evidence links those pregnancies to the child’s alleged injuries.

Farkas v. Orange Regional Medical Center · filed 2012-07-18(a)

Accordingly, the defendants sustained their initial burden of demonstrating that the plaintiff mother’s prenatal, obstetrical, and gynecological records pertaining to the births of her six nonparty children were “material and necessary” to the defense of this action (CPLR 3101 [a]; see Dillenbeck v Hess, 73 NY2d at 286; Lamy v Pierre, 31 AD3d 613, 614 [2006]; Ritter v Good Samaritan Hosp., 11 AD3d 667, 668 [2004]; Yetman v St. Charles Hosp., 112 AD2d 297, 299 [1985]; cf. Sibley v Hayes 73 Corp., 126 AD2d 629, 631 [1987]; Herbst v Bruhn, 106 AD2d 546, 550 [1984]).

Section 3101(a) permits disclosure of information material and necessary to the litigation.

Greens at Washingtonville, Ltd. v. Town of Blooming Grove · filed 2012-09-26(a)

The record reveals that the respondents’ disclosure request sought information which was material and necessary to the litigation (see CPLR 3101 [a]; cf. Matter of Xerox Corp. v Duminuco, 216 AD2d 950 [1995]).

Section 3101(a) requires a party seeking disclosure to show that the requested material is relevant to the action; access to an irrelevant part of a premises may be denied.

Wadolowski v. Cohen · filed 2012-10-10(a)

Under the circumstances of this case, where the accident occurred on the exterior of the subject premises and there were no allegations that would render any aspect of the interior relevant to the plaintiffs case, the plaintiff failed to establish that access to the interior of the subject premises would yield matter ... “ ‘material and necessary’ to prosecution of the action” (Matter of Skolinsky, 70 AD3d at 845, quoting CPLR 3101 [a]; see Allen v Crowell-Collier Publ. Co., 21 NY2d at 406; Trimarco v Data Treasury Corp., 59 AD3d at 615).

Section 3101(a) requires disclosure of matter material and necessary to an action, but does not permit unrestricted disclosure of unrelated records.

Romance v. Zavala · filed 2012-08-29(a)

Furthermore, CPLR 3101 (a) requires, in pertinent part, “full disclosure of all matter material and necessary in the prosecution or defense of an action.” “[T]he principle of ‘full disclosure’ does not give a party the right to uncontrolled and unfettered disclosure” (Buxbaum v Castro, 82 AD3d 925, 925 [2011], quoting Gilman & Ciocia, Inc. v Walsh, 45 AD3d 531, 531 [2007]).

Section 3101(a) permits disclosure of documents material and necessary to prosecute a claim, including records of a property sale made without the claimant’s knowledge.

In re the Dissolution of Lowbet Realty Corp. Shau Chung Hu · filed 2012-11-02(a)

As Liu sold the property in violation of the court’s order, and petitioner had no knowledge of the sale, these documents are clearly necessary for petitioner to prosecute his claims and to recover the portion of the corporate estate that Liu dissipated.

Section 3101(a) does not entitle a party to discovery related to unpleaded causes of action that lack merit.

County of Suffolk v. Long Island Power Authority · filed 2012-11-28(a)

CPLR 3101 (a) provides that “[tjhere shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” ... Since the plaintiffs unpleaded causes of action were without merit, it was not entitled to additional discovery related to these causes of action.

Section 3101(a) permits broad discovery of material that may clarify issues for trial, including evidence bearing on the value of collateral.

ACG Credit Company II, LLC v. Hearst · filed 2013-01-23(a)

The statute should be construed liberally to permit the discovery of material that will sharpen the issues for trial and reduce delay and prolixity (see Montalvo v CVS Pharmacy, Inc., 81 AD3d 611, 612 [2011]).

Section 3101(a) permits disclosure of material and necessary information, but discovery demands seeking irrelevant information or imposing undue breadth and burden may be denied.

Montalvo v. CVS Pharmacy, Inc. · filed 2013-01-23(a)

Here, the plaintiffs’ discovery demands at issue were palpably improper in that they sought, inter alia, irrelevant information, or were overbroad and burdensome.

Section 3101(a) permits discovery of a no-fault provider’s financial records when they may show whether the provider is eligible for reimbursement.

All Boro Psychological Services, P.C. v. Allstate Insurance · filed 2013-02-08(a)

By obtaining discovery of certain documents, such as plaintiffs financial records, defendant will be able to ascertain whether plaintiff is ineligible for reimbursement of no-fault benefits (see e.g. CPLR 3101 [a]; One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738 [2008]).

Section 3101(a) permits discovery that is material and necessary to the action.

Blue Diamond Fuel Oil Corp. v. Lev Management Corp. · filed 2013-02-13(a)

The Supreme Court also should have granted those branches of the appellants’ cross motion which were to compel the plaintiff to respond to the appellants’ discovery demands and to appear for depositions, and to extend the time to file a note of issue, as the discovery sought by the appellants was “material and necessary” within the meaning of CPLR 3101 (a) (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406, 407 [1968]).

Section 3101 permits discovery of photographs relevant to a plaintiff’s claimed physical injuries even if the photographs may not be admissible at trial.

Winchell v. Lopiccolo · filed 2012-10-19

“Pursuant to CPLR 3101, there shall be full disclosure of all nonprivileged matter which is material and necessary to the defense or prosecution of an action.” ... Plaintiffs contention goes more to the admissibility of the photographs at trial than to whether they are discoverable. ... Plaintiff also has put her physical condition in issue; therefore, photographs of her following the accident are relevant.

Section 3101(a) requires a party seeking disclosure to establish that the information is material and necessary to prosecute or defend the action or counterclaim.

Fundamental Long Term Cake Holdings, LLC v. Cammeby's Funding LLC · filed 2013-01-08(a)

Under the circumstances, defendants have failed to establish that the disclosure sought was “material and necessary in the prosecution or defense of” this action or the counterclaim (CPLR 3101 [a]).

Section 3101(a) requires disclosure of information material and necessary to prosecuting or defending an action, including deposition information relevant to the defense.

Francis v. Securitas Security Services USA, Inc./Burns International Security Services Corp. · filed 2013-01-16(a)

CPLR 3101 (a) broadly mandates “full disclosure of all matter material and necessary in the prosecution or defense of an action,” and this provision is liberally interpreted in favor of disclosure (see Kavanagh v Ogden Allied Maintenance Corp., 92 NY2d 952, 954 [1998]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Ural v Encompass Ins. Co. of Am., 97 AD3d 562, 566 [2012]). Contrary to the plaintiffs contention, the information he was directed to provide by the order dated August 19, 2011, which he had previously refused to disclose in response to questioning at his deposition, was material and relevant to the defense of this action (see Allen v Crowell-Collier Publ. Co., 21 NY2d at 406; Elie v City of New York, 92 AD3d 716, 718 [2012]; cf. Holness v Chrysler Corp., 220 AD2d 721, 722 [1995]).

Section 3101(a) requires disclosure of material and necessary information, including facts about a plaintiff’s entry into witness protection when the plaintiff relies on that participation to avoid deposition questions.

M.C. v. Sylvia Marsh Equities, Inc. · filed 2013-02-13(a)

CPLR 3101 (a) requires, in pertinent part, “full disclosure of all matter material and necessary in the prosecution or defense of an action.” ... The facts and circumstances surrounding the plaintiffs entry into the witness protection program are material since the plaintiff has claimed that she cannot answer certain deposition questions as a result of her participation in that program (see Hoffman v Connecticut Natl. Bank, 120 FRD 15, 16 [D Conn 1988]).

Section 3101(a) permits disclosure of a client’s file when it is material and necessary to resolve an attorney’s fee claim.

Wiggins v. Kopko · filed 2013-04-04(a)

We find no abuse of discretion here. Whether the client’s file in the malpractice action is material and necessary to plaintiffs action depends on whether plaintiff or the partnership are entitled to a share of the malpractice action fee, which in turn depends on the reason for the discharge.

Section 3101(a) requires disclosure of information material and necessary to prosecuting or defending an action.

Kapon v. Koch · filed 2013-04-25(a)

Accordingly, so long as the information sought is “material and necessary” to the prosecution or defense of an action, it shall be disclosed (CPLR 3101 [a]).

Section 3101(a) permits a court to require a medical report linking alleged lead exposure to claimed injuries before defense medical examinations when the records produced contain no proof of medical causation.

GILES, SHAWN v. YI, A. GI · filed 2013-04-26(a)

Although the dissent is correct that CPLR 3121 and 22 NYCRR 202.17 do not require the disclosure directed in this case, they likewise do not preclude a trial judge from proceeding in the manner at issue herein. As the Court of Appeals has noted, “CPLR 3121 does not limit the scope of general discovery available, subject to the discretion of the trial court, under CPLR 3101” (Kavanagh, 92 NY2d at 953-954).

Section 3101(a) requires disclosure of matter material and necessary to prosecuting or defending an action.

Gomez v. State · filed 2013-05-15(a)

CPLR 3101 (a) requires “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) permits an onsite inspection that may yield material and necessary evidence, subject to limits protecting confidential patient information.

Suchorzepka v. Mukhtarzad · filed 2013-02-27(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” ... Thus, the Supreme Court improvidently exercised its discretion in precluding any onsite inspection of the CDU by granting the defendants’ cross motion for a protective order.

CPLR 3101(a) requires disclosure of information sought in good faith for possible use as evidence-in-chief, in rebuttal, or on cross-examination.

Lau v. Margaret E. Pescatore Parking, Inc. · filed 2013-04-18(a)

“[I]f there is any possibility that the information is sought in good faith for possible use as evidence-in-chief or in rebuttal or for cross-examination, it should be considered evidence material ... in the prosecution or defense” and thus should be disclosed pursuant to CPLR 3101 (a) CAllen v Crowell-Collier Publ. Co., 21 NY2d 403, 407 [1968] [internal quotation marks omitted]).

Section 3101(a) requires disclosure of matter material and necessary to a claim, including sentencing minutes considered in a challenged inmate housing decision.

Robinson v. State · filed 2013-05-06(a)

CPLR 3101 directs that “[t]here shall be full disclosure of all matter material and necessary” to the prosecution or defense of an action (CPLR 3101 [a]). ... Although there appears to be little new information in these minutes, the presentencing transcript of the proceedings should be released to claimant since it was part of the information considered when defendant determined inmate Damon could be double-bunked.

Section 3101(a) allows broad disclosure, but a court may deny a requested psychiatric examination when its burden outweighs its relevance to causation or damages.

D.K. v. Mahopac Central School District · filed 2013-03-28(a)

As such, any relief must derive from CPLR 3101 (a) which directs “full disclosure of all matter material and necessary in the prosecution or defense of an action.” ... Based upon the foregoing, the court concludes that the burden of subjecting plaintiff mother to the demanded forensic psychiatric evaluation outweighs any relevance the results would bear on the issues of causation and/or damages.

CPLR 3101(a) permits deposition questions relevant to a witness’s bias or motive.

Burke v. County of Erie · filed 2013-10-04(a)

The questions asked by defendant’s counsel were relevant with respect to the nonparty witness’s bias or motive (see generally CPLR 3101 [a]; Salm v Moses, 13 NY3d 816, 818 [2009]).

Section 3101(a) permits discovery of documents material and necessary to prosecute an action, including documents relevant to multiple causes of action.

Jet One Group, Inc. v. Halcyon Jet Holdings, Inc. · filed 2013-11-27(a)

The Supreme Court providently exercised its discretion in rejecting the defendants’ contention that discovery should be limited to the specified customers and brokers, since that would have improperly limited the plaintiffs discovery to only one of its several causes of action. Most of the plaintiffs demands were proper in that the documents requested were “material and necessary” in the prosecution of the action (CPLR 3101 [a]).

Section 3101(a) requires disclosure of material and necessary matters, but courts may reject overbroad and burdensome discovery demands.

Scorzari v. Pezza · filed 2013-11-27(a)

Although CPLR 3101 provides for “full disclosure of all matter material and necessary in the prosecution or defense of an action” (CPLR 3101 [a]), “ ‘unlimited disclosure is not required, and supervision of disclosure is generally left to the trial court’s broad discretion’ ” (H.R. Prince, Inc. v Elite Envtl. Sys., Inc., 107 AD3d 850, 850 [2013], quoting Palermo Mason Constr. v Aark Holding Corp., 300 AD2d 460, 461 [2002]; see Matter of Greenfield v Board of Assessment Review for Town of Babylon, 106 AD3d 908, 908 [2013]). Here, the Supreme Court properly determined that the plaintiff’s discovery demand was overbroad and burdensome (see Matter of Greenfield v Board of Assessment Review for Town of Babylon, 106 AD3d at 909; Board of Mgrs. of the Park Regent Condominium v Park Regent Assoc., 78 AD3d 752, 753 [2010]; Latture v Smith, 304 AD2d 534, 536 [2003]; see generally H.R. Prince, Inc. v Elite Envtl. Sys., Inc., 107 AD3d at 850).

Section 3101(a) permits disclosure of material useful to a defense; disputed documents may be reviewed in camera when the court cannot determine whether they are discoverable.

Huntington Regional Chiropractic, P.C. v. Allstate Insurance · filed 2013-06-18(a)

CPLR 3101 (a) provides for full disclosure by a party to an action of “all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” ... Where the court cannot determine from the record whether the disputed documents are subject to discovery, the court should direct that the documents be produced for an in camera inspection. ... From a reading of the papers, the court cannot determine whether the material demanded is subject to discovery.

Section 3101(a) does not require production of telephone records when the requesting party fails to show that they are material or relevant or could lead to relevant evidence.

H.R. Prince, Inc. v. Elite Environmental System, Inc. · filed 2013-06-19(a)

Here, the defendants failed to demonstrate that the unredacted telephone records of the plaintiff that they demanded were either material or relevant to the case, or would lead to ... possibly relevant evidence. Thus, the Supreme Court providently exercised its discretion in denying that branch of the defendants’ motion which was to compel the plaintiff to produce those records.

Section 3101(a) permits discovery of hospital protocols that are material and necessary to prosecuting a medical malpractice action.

RAWLINS, ANGELA v. ST. JOSEPH'S HOSPITAL HEALTH CENTER · filed 2013-07-19(a)

We conclude that the CVD protocol is “material and necessary” to the prosecution of plaintiff’s action (CPLR 3101 [a]).

Section 3101(a) requires disclosure of hospital protocols material and necessary to prosecuting a medical malpractice action.

Rawlins v. St. Joseph's Hospital Health Center · filed 2013-07-19(a)

We conclude that the CVD protocol is “material and necessary” to the prosecution of plaintiffs action (CPLR 3101 [a]).

Section 3101(a)(4) requires a party seeking discovery from a nonparty to show that the information sought is material and necessary.

Rodolico v. Rodolico · filed 2013-09-11(a)(4)

Here, contrary to the plaintiffs contention, further discovery with respect to the nonparty Lawrence Haynes, doing business as Island Wide Surveyors, is not “material and necessary” in the prosecution of the action (CPLR 3101 [a] [1]; see CPLR 3101 [a] [4]).

Section 3101(a) permits discovery of financial records material and necessary to defend a lost-earnings claim, with production tailored after in camera review to protect privacy.

Klipper v. Liberty Helicopters, Inc. · filed 2013-10-24(a)

Portions of transcripts and related documents that reflect Doscher’s financial status before the accident are material and necessary to defendants in their defense of this action (see Janecka, 121 AD2d at 32; CPLR 3101 [a]). Upon its in camera review of these materials, the motion court will be able to tailor Doscher’s production to defendants so as to balance his right to privacy with their right to relevant information (see Solomon v Meyer, 103 AD3d 1025, 1026 [3d Dept 2013]).

Section 3101(a) requires disclosure of documents material and necessary to a party’s defense.

Yoshida v. Hsueh-Chih Chin · filed 2013-11-13(a)

The appellant demonstrated that those documents were material and necessary to his defense of this action.

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action, interpreted liberally to include useful facts bearing on the controversy.

Hildebrandt v. Stephan · filed 2013-12-16(a)

The scope of disclosure is broadly defined by CPLR 3101 (a): “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof” (emphasis added). ... This language is “to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason” (Allen v CrowellCollier Publ. Co., 21 NY2d 403, 406-407 [1968] [cited in Rawlins v St. Joseph’s Hosp. Health Ctr., 108 AD3d 1191, 1192 (4th Dept 2013)]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action.

Melworm v. Encompass Indemnity Co. · filed 2013-12-18(a)

CPLR 3101 (a) broadly mandates “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) requires full disclosure of all matter material and necessary to prosecuting or defending an action.

Zheng v. Bermeo · filed 2014-02-13(a)

CPLR 3101 (a) broadly mandates “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) permits discovery of material and necessary files relevant to prosecuting a case.

FC Bruckner Associates, L.P. v. Fireman's Fund Insurance · filed 2014-02-18(a)

Therefore, the requested files are material and necessary to plaintiffs’ prosecution of this case (see Clarendon Natl. Ins. Co. v Atlantic Risk Mgt., Inc., 59 AD3d 284 [1st Dept 2009]; CPLR 3101 [a]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecuting or defending an action.

Diaz v. City of New York · filed 2014-05-14(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.”

Section 3101(a) requires material and relevant documents requested in discovery to be disclosed.

Hurrell-Harring v. State · filed 2013-12-19(a)

Because such documentation was requested by plaintiffs in their discovery demands and is material and relevant to their claims attacking the adequacy of indigent legal representation in the five counties at issue, it was subject to disclosure (see CPLR 3101 [a]; Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 746 [2000]; Matter of Troy Sand & Gravel Co., Inc. v Town of Nassau, 80 AD3d 199, 200 [2010]; Davis v Cornerstone Tel. Co., LLC, 78 AD3d 1263, 1264 [2010]).

Section 3101 requires disclosure of matter material and necessary to the defense, including limited further discovery about a surgery that may change the plaintiff’s claimed injuries.

Bravo v. Vargas · filed 2014-01-08

Based on the plaintiffs testimony that the surgery, if successful, would alleviate several of the major injuries and limitations for which she seeks compensation, and the medical records of the surgery reflecting its nature and purpose, the movants established that further discovery on the limited issue of the surgery and any resultant changes in the plaintiffs condition would be “material and necessary” to the defense of the action (CPLR 3101; see Everhardt v Klotzbach, 306 AD2d 869, 870 [2003]).

Section 3101(a) requires disclosure of material and necessary matter and supports limiting discovery that does not meet that standard.

Montalto v. Heckler · filed 2014-01-22(a)

However, the defendants failed to demonstrate how the injured plaintiffs financial records and electronic communications, including her email messages, were material and necessary to their defense of this action. Therefore, the Supreme Court properly granted that branch of the plaintiffs’ motion which was for a protective order with respect to those records and communications (see CPLR 3101 [a]; Gitlin v Chirinkin, 71 AD3d 728, 729 [2010]).

Section 3101 requires disclosure of all matter material and necessary to the prosecution or defense of an action.

Pecile v. Titan Capital Group, LLC · filed 2014-01-23

Thus, the motion court properly directed the exchange of the CD containing those alleged photographs, since they are material and necessary to the prosecution of this action (CPLR 3101; see also Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Anonymous v High School for Envtl. Studies, 32 AD3d 353 [1st Dept 2006]).

Section 3101(a) requires disclosure of matter material and necessary to prosecute an action.

HEIMBACH, KRISTEN M. v. STATE FARM INSURANCE · filed 2014-02-07(a)

Given the scope of the liability and damages issues framed by the pleadings, we conclude that plaintiff’s request for the entire claim file was not palpably improper and that the disclosure was “material and necessary” for the prosecution of plaintiff’s action (CPLR 3101 [a]; see generally Cain v New York Cent. Mut. Fire Ins. Co., 38 AD3d 1344, 1344; Gibson v Encompass Ins. Co., 23 AD3d 1047, 1047-1048).

Section 3101(a) requires disclosure of documents that are material and necessary to the case.

Div-Com, Inc. v. Tousignant · filed 2014-04-03(a)

Trial courts have broad discretionary power to control and supervise discovery and determine what documents are “material and necessary” under CPLR 3101 (a), with appellate courts intervening only where there has been a clear abuse of discretion (see Hameroff & Sons, LLC v Plank, LLC, 108 AD3d 908, 909 [2013]; DG&A Mgt. Servs., LLC v Securities Indus. Assn. Compliance & Legal Div., 78 AD3d 1316, 1318 [2010]; Mora v RGB, Inc., 17 AD3d 849, 851 [2005]).

Section 3101(a) requires disclosure of information that is material and necessary to the defense of an action.

HARRIS, JEFFREY T. v. SCHMIDT, ASHLEY E. · filed 2014-05-09(a)

Those records, whether pre- or post-accident, may contain information that is “material and necessary” to the defense of the action (CPLR 3101 [a]; see Carter v ... Fantauzzo, 256 AD2d 1189, 1190; Myrie v Shelley, 237 AD2d 337, 338-339), and the court may minimize any intrusion into plaintiffs’ privacy by “redact[ing] any portions of the records . . . that are irrelevant or unduly prejudicial” (Carter, 256 AD2d at 1190).

Section 3101(a) requires full disclosure of all matter material and necessary in the prosecution or defense of an action.

City of New York v. Maul · filed 2014-06-03(a)

Under CPLR 3101 (a), “full disclosure” is required for “all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) requires full disclosure of all matter material and necessary to prosecuting or defending an action.

MSCI Inc. v. Jacob · filed 2014-09-18(a)

New York strongly encourages open and full disclosure as a matter of policy ( see Andon v 302-304 Mott St. Assoc. , 94 NY2d 740, 745 [2000]). To that end, CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action."

CPLR 3101(a) governs the scope of discovery in a civil action.

Vaccaro v. Weinstein · filed 2014-05-28(a)

The scope of discovery in a civil action is governed by CPLR 3101 (a) (see Friel v Papa, 87 AD3d 1108, 1110 [2011]; Auerbach v Klein, 30 AD3d 451, 451-452 [2006]).

Section 3101(a) requires disclosure of material and necessary information relevant to the claims.

Alberto v. Jackson · filed 2014-06-11(a)

Here, the Supreme Court providently exercised its discretion in concluding, inter alia, that the additional deposition testimony sought by the defendant/third-party plaintiff, Denzil Jackson, was neither material nor necessary to the prosecution of the claims asserted in the third-party complaint (see CPLR 3101 [a]; Casabona v Huntington Union Free School Dist., 29 AD3d at 723; Palermo Mason Constr. v Aark Holding Corp., 300 AD2d 460 [2002]).

Section 3101(a) requires disclosure of all matter material and necessary to prosecuting or defending an action.

BUTTAFARO v. DAWSON, KELLY A. · filed 2014-06-13(a)

In appeal No. 1, we agree with plaintiff that Supreme Court abused its discretion in denying in part plaintiff’s motion inasmuch as the disclosure sought was “material and necessary” for the prosecution of plaintiff’s action (CPLR 3101 [a]; see Riordan v Cellino & Barnes, P.C., 84 AD3d 1737, 1738-1739).

Section 3101(a) requires disclosure of documents material and necessary to the defense of an action.

Ambac Assurance Corp. v. Countrywide Home Loans, Inc. · filed 2014-06-26(a)

Further, Countrywide has not demonstrated that the documents are material and necessary in the defense of this action (see CPLR 3101 [a]).

Section 3101(a) requires disclosure of information that is material and necessary to the prosecution or defense of an action.

Klein Varble & Associates, P.C. v. DeCrescenzo · filed 2014-07-09(a)

Contrary to the contention of the nonparties, the plaintiff succeeded in establishing its entitlement to the requested disclosure based on its showing that the information sought is “material and necessary in the prosecution ... of [its] action” (CPLR 3101 [a]; see Matter of Kapon v Koch, 23 NY3d 32 [2014]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action, regardless of who bears the burden of proof.

Eremina v. Scparta · filed 2014-08-20(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.”

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action.

Gerber Products Co. v. New York State Department of Health · filed 2014-08-21(a)

“When leave of court is given, discovery takes place pursuant to CPLR 3101 (a), which provides generally that £[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action’ ” (id., quoting CPLR 3101 [a]).

Section 3101(a) requires disclosure of material and necessary documents and gives trial courts broad discretion to control and supervise discovery.

DeepvBoies · filed 2014-10-23(a)

"Trial courts have broad discretionary power to control and supervise discovery and determine what documents are 'material and necessary' under CPLR 3101 (a), with appellate courts intervening only where there has been a clear abuse of discretion" (Div-Com, Inc. v Tousignant, 116 AD3d 1118, 1119 [2014] [citations omitted]; see Hameroff & Sons, LLC v Plank, LLC, 108 AD3d 908, 909 [2013]). We are unable to conclude that Supreme Court abused its discretion here.

Section 3101(a) requires disclosure of matter material and necessary to the prosecution of an action.

Robinson v. Highbridge House Ogden, LLC · filed 2015-01-15(a)

To the extent that plaintiff seeks records for any other location or type of condition or for a period exceeding one year, the request is not “material and necessary in the prosecution ... of an action” (CPLR 3101 [a]; see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406-407 [1968]).

Section 3101(a) permits disclosure of material and necessary matter relevant to the issues at hand.

Gold v. Mountain Lake Public Telecommunications · filed 2015-01-15(a)

Supreme Court is empowered to “determine what is ‘material and necessary’ under CPLR 3101 (a),” although the party seeking disclosure remains responsible for showing how the requested materials are relevant to the issues at hand (Mora v RGB, Inc., 17 AD3d 849, 851 [2005]; accord Davis v Cornerstone Tel. Co., LLC, 78 AD3d 1263, 1264 [2010]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecuting or defending an action, regardless of who bears the burden of proof.

Nimkoff v. Central Park Plaza Associates, LLC · filed 2014-12-03(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.”

Section 3101(a) requires full disclosure of matter material and necessary to prosecuting or defending an action, regardless of the burden of proof.

Knapp v. Town of Hempstead · filed 2015-07-01(a)

“There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof” (CPLR 3101 [a]). ... Accordingly, the Supreme Court should have granted the plaintiff’s motion pursuant to CPLR 3124 to compel further discovery and denied, as premature, the defendant’s cross motion for summary judgment dismissing the complaint, with leave to renew upon the completion of discovery (see Buto v Town of Smithtown, 121 AD3d 829, 830 [2014]).

Section 3101(a)(1) permits disclosure from an employee of a party’s agent when the information sought is material and necessary to an affirmative defense.

U.S. Bank National Ass'n v. Ventura · filed 2015-07-22(a)(1)

The moving defendants satisfied the threshold requirement of demonstrating that the disclosure sought is “material and necessary” to their affirmative defense alleging that the plaintiff lacked standing to commence this action. In addition, those defendants demonstrated that the witness they sought to depose was an employee of Select Portfolio Services, Inc., the plaintiff’s agent and attorney-in-fact (see CPLR 3101 [a] [1]; United States Fire Ins. Co. v Rockland Fire Equip. Co., 227 AD2d 289 [1996]).

Section 3101(a)(1) requires full disclosure of all matter material and necessary in prosecuting or defending an action.

Quinones v. 9 East 69th Street, LLC · filed 2015-10-14(a)(1)

CPLR 3101 (a) (1) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) requires full disclosure of matter material and necessary to prosecuting or defending an action.

Forman v. Henkin · filed 2015-12-17(a)

CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." In determining whether the information sought is subject to discovery, "[t]he test is one of usefulness and reason" ( Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]).

Section 3101 requires broad disclosure of material and relevant matter, with the scope of discovery left to the trial court's broad discretion.

Anderson v. State of New York · filed 2015-12-30

CPLR 3101 is, of course, to be liberally construed (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Ferolito v Arizona Beverages USA, LLC, 119 AD3d 642, 643 [2014]), and the scope of discovery is left to the broad discretion of the trial court (see Karanikolas v Elias Taverna, LLC, 128 AD3d 905 [2015]; Conte v County of Nassau, 87 AD3d 558 [2011]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action, regardless of the burden of proof.

Berkowitz v. 29 Woodmere Blvd. Owners', Inc. · filed 2016-01-20(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.”

Section 3101(a) requires discovery to be material and necessary.

Constantiner v. Sovereign Apartments, Inc. · filed 2015-03-17(a)

While this request did not involve destructive testing (see Marty v Morse Diesel, 161 AD2d 344 [1st Dept 1990]), plaintiffs failed to establish that the relief sought was “material and necessary” (CPLR 3101 [a]), as it would not provide evidence of any noise conditions as they actually exist.

Section 3101 requires disclosure of documents that are material and relevant to the defense of an action.

City of Newburgh, N.Y. v. Hauser · filed 2015-03-25

The subject documents are material and relevant to the defense of this action (see CPLR 3101; Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 745-746 [2000]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Yoshida v Hsueh-Chih Chin, 111 AD3d 704, 705-706 [2013]; Osowski v AMEC Constr. Mgt., Inc., 69 AD3d 99 [2009]; American Re-Ins. Co. v United States Fid. & Guar. Co., 19 AD3d 103 [2005]; Masterwear Corp. v Bernard, 3 AD3d 305 [2004]; Masterwear Corp. v Bernard, 298 AD2d 249 [2002]).

Section 3101(a) requires disclosure of information material and relevant to the prosecution or defense of a proceeding.

Matter of Beatrice R. H. (Dean E. H.--Penny F. H.) · filed 2015-09-16(a)

Contrary to the petitioner’s contention, the Supreme Court providently exercised its discretion in denying his postjudgment motion for leave to conduct certain discovery, since the information sought was not material and relevant to the prosecution or defense of this proceeding (see CPLR 3101 [a]; Matter of General Elec. Co. v Macejka, 117 AD2d 896, 897 [1986]; Matter of Rice v Belfiore, 15 Misc. 3d 1105[A], 2007 NY Slip Op 50511[U] [Sup Ct, Westchester County 2007]).

Section 3101(a) requires liberal disclosure of facts bearing on the controversy, without regard to their ultimate admissibility at trial.

Matter of Steam Pipe Explosion at 41st St. & Lexington Ave. · filed 2015-04-21(a)

The words "material and necessary," as used in CPLR 3101(a) are "to be interpreted liberally to require disclosure . . . of any facts bearing on the controversy" ( Allen v Crowell-Collier Pub. Co. , 21 NY2d 403, 406 [1968]).

Section 3101 requires disclosure of material and necessary information, and the court held that a confidential settlement agreement was not shown to meet that standard before verdict.

Matter of Steam Pipe Explosion at 41st St. & Lexington Ave. · filed 2015-05-14

TIS failed to demonstrate that disclosure of the subject confidential settlement agreement, pre-verdict, is material and necessary to its defense ( see CPLR 3101; Matter of New York County Data Entry Worker Prod. Liability Litig. , 222 AD2d 381 [1st Dept 1995]; see also Allstate Insurance Company v Belt Parkway Imaging, P.C. , 70 AD3d 530 [1st Dept 2010]).

Section 3101 requires disclosure of matter material and necessary to a party’s defense.

Talenti v. Consolidated Edison, Inc. · filed 2015-05-14

TIS failed to demonstrate that disclosure of the subject confidential settlement agreement, pre-verdict, is material and necessary to its defense (see CPLR 3101; Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d 381 [1st Dept 1995]; see also Allstate Ins. Co. v Belt Parkway Imaging, P.C., 70 AD3d 530 [1st Dept 2010]).

Section 3101(a) requires disclosure of evidence material and necessary to prosecuting or defending an action, while allowing trial court discretion to limit discovery.

Karanikolas v. Elias Taverna, LLC · filed 2015-05-20(a)

While CPLR 3101 (a) provides for full disclosure of all evidence material and necessary to the prosecution or defense of an action, unlimited disclosure is not required, and supervision of disclosure is generally left to the trial court’s broad discretion.

Section 3101(a) requires disclosure of material and necessary information relevant to a party's defense.

Hiller v. Amella · filed 2015-05-20(a)

The Supreme Court providently exercised its discretion in denying that branch of the motion of the defendant Joseph V. Amelia which was to compel the plaintiff to produce a settlement agreement and other records relating to prior charges she filed with the United States Equal Employment Opportunity Commission (hereinafter the EEOC) against her employer, as the settlement agreement and the related documents are not material and necessary to his defense of this action (see CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406-407 [1968]; Altonen v Kmart of NY Holdings, Inc., 94 AD3d 920 [2012]; Allstate Ins. Co. v Belt Parkway Imaging, P.C., 70 AD3d 530 [2010]; Mahoney v Turner Constr. Co., 61 AD3d 101, 104 [2009]).

Section 3101(a)(1) requires disclosure of information that is material and necessary to prosecuting or defending an action.

Cole v. Panos · filed 2015-05-20(a)(1)

“However, even where redaction of identifying information will ensure that the policy objectives of CPLR 4504 (a) are not subverted, disclosure of otherwise privileged information should not be permitted where it is not “material and necessary in the prosecution or defense of [the] action” (CPLR 3101 [a] [1]; see Brandes v North Shore Univ. Hosp., 1 AD3d 551, 552 [2003]).

Section 3101(a) requires full disclosure of all matter material and necessary to prosecute or defend an action, regardless of the burden of proof.

In re Levitin · filed 2015-05-26(a)

CPLR 3101 (a) requires “full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.”

Section 3101(a) permits disclosure of documents material to a quantum meruit claim even when the documents fall outside the period for which recovery is sought.

Gould v. Decolator · filed 2015-08-05(a)

Documents relating to the LLK and TCB litigations predating December 2005 and postdating December 2011 are material, and might lead to admissible evidence with regard to the plaintiffs’ quantum meruit cause of action.

Section 3101 requires full disclosure of all matter material and necessary to prosecute or defend an action, regardless of the burden of proof.

A.D. v. C.A. · filed 2015-08-13

CPLR 3101 provides that there shall be full disclosure of all matter material and necessary to the prosecution or defense of an action, regardless of the burden of proof.

Section 3101(a) requires full disclosure of all matter material and necessary to prosecuting or defending an action, subject to judicial regulation to prevent abuse.

Ramirez v. New York City Transit Authority · filed 2015-10-07(a)

CPLR 3101 (a) requires, in pertinent part, “full disclosure of all matter material and necessary in the prosecution or defense of an action.” However, the principle of “full disclosure” does not give a party the right to uncontrolled and unfettered disclosure, and the trial courts have “broad power to regulate discovery to prevent abuse” (Barouh Eaton Allen Corp. v International Bus. Machs. Corp., 76 AD2d 873, 874 [1980]; see Gilman & Ciocia, Inc. v Walsh, 45 AD3d 531 [2007]). ... Under the circumstances presented, the redacted portions of the report are not material and necessary to the prosecution of the action (see Diaz v City of New York, 117 AD3d 777 [2014]; Daniels v Fairfield Presidential Mgt. Corp., 43 AD3d 386, 388 [2007]; Yoon v F.W. Woolworth Co., 202 AD2d 575 [1994]), and the defendant demonstrated that the request for the unredacted report was overbroad (see Jet One Group, Inc. v Halcyon Jet Holdings, Inc., 111 AD3d 890, 892 [2013]; Montalvo v CVS Pharm., Inc., 102 AD3d 842 [2013]; Gilman & Ciocia, Inc. v Walsh, 45 AD3d at 531).

Section 3101(a) requires disclosure of material and necessary matter relevant to prosecuting or defending an action.

JFK Family Ltd. Partnership v. Millbrae Natural Gas Development Fund 2005, L.P. · filed 2015-10-14(a)

CPLR 3101 (a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action.” “The words ‘material and necessary’ as used in [CPLR] 3101 must be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity” (Matter of Kapon v Koch, 23 NY3d 32, 38 [2014] [citation and internal quotation marks omitted]). Here, contrary to the defendants’ contention, the value of the plaintiffs’ capital accounts on the effective date of their purported withdrawal from the partnership, as well as the value of the various oil and gas properties tendered by the defendants in final settlement of the plaintiffs’ interests in the partnership, are “material and necessary,” within the meaning of CPLR 3101 (a), to the prosecution of the eighth and ninth causes of action, and to the defense of the first counterclaim.

Section 3101(a) requires disclosure of material and necessary information relevant to a party's defense.

SNI/SI Networks LLC v. Directv, LLC · filed 2015-10-29(a)

The agreements that plaintiff has with its other distributors are “material and necessary” to defendant’s defense of antecedent breach (see CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 407 [1968]; Twenty Four Hour Fuel Oil Corp. v Hunter Ambulance, 226 AD2d 175 [1st Dept 1996]).

Section 3101 requires broad disclosure of all matter material and necessary to prosecuting or defending an action.

Hayes v. Bette & Cring, LLC · filed 2016-01-07

Turning to the merits, CPLR 3101 "broadly mandates full disclosure of all matter material and necessary in the prosecution and defense of an action" (Kavanagh v Ogden Allied Maintenance Corp., 92 NY2d 952, 954 [1998] [internal quotation marks and citation omitted]). "The words 'material and necessary' as used in [CPLR] 3101 must 'be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity'" (Matter of Kapon v Koch, 23 NY3d 32, 38 [2014], quoting Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; see American Assn. of Bioanalysts v New York State Dept. of Health, 12 AD3d 868, 869 [2004]).

Section 3101(a) requires disclosure of information relevant to the issues in the action.

Banach v. Dedalus Foundation, Inc. · filed 2015-06-09(a)

The court should have compelled disclosure of all materials and information requested by plaintiff, as the requested discovery is relevant to her defense of defendant’s counterclaims (see CPLR 3101 [a]).

Section 3101(a) requires disclosure of materials and information relevant to a party's defense.

Banach v. Dedalus Foundation, Inc. · filed 2015-10-20(a)

The court should have compelled disclosure of all materials and information requested by plaintiff, as the requested discovery is relevant to her defense of defendant’s counterclaims (see CPLR 3101 [a]).

Section 3101 requires disclosure of matters relevant to the action.

Pastor v. DeGaetano · filed 2015-04-21

Discovery is warranted with respect to relevant matters (CPLR 3101; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 407 [1968]; Siegel, NY Prac § 344 [5th ed]); plaintiff needs to present a triable issue of fact to withstand summary judgment, but need only show that the matter is relevant to obtain discovery.

Section 3101(a) limits disclosure to material and necessary evidence; documents irrelevant to the allegations need not be disclosed.

DeLeonardis v. Hara · filed 2016-02-18(a)

In this action sounding in alter ego liability and fraudulent conveyance, the IAS Court providently exercised its discretion in determining that the documents sought through plaintiff’s second notice for discovery and inspection, as well as through the nonparty subpoenas served on defendants’ accountants, were not material and necessary to proving the allegations in the complaint, and were otherwise undisco ver able (Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 746 [2000]; see 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co., 62 AD3d 486, 487 [1st Dept 2009]; CPLR 3101 [a]).

Section 3101(d) permits an expert to give trial testimony contemplated by the party’s expert disclosure.

Mike v. 91 Payson Owners Corp. · filed 2016-03-15(d)

The trial testimony of defendants’ meteorological expert, that the ice condition on which plaintiff allegedly fell, was created on the date of the accident during a storm in progress, was entirely consistent with, and contemplated by, defendants’ CPLR 3101 (d) exchanges.

CPLR 3101(a) requires disclosure of material and necessary facts bearing on the controversy.

Reid v. Soults · filed 2016-04-27(a)

CPLR 3101 (a) is to be liberally construed “to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; see Matter of Kapon v Koch, 23 NY3d 32, 38 [2014]).

Section 3101(a) provides for disclosure of evidence material and necessary to an action, subject to the trial court’s broad discretion to limit disclosure.

Ellison v. Chartis Claims, Inc. · filed 2016-08-03(a)

“While CPLR 3101 (a) provides for full disclosure of all evidence material and necessary to the prosecution or defense of an action, unlimited disclosure is not required, and supervision of disclosure is generally left to the trial court’s broad discretion” (Blagrove v Cox, 294 AD2d 526, 526 [2002]). Here, the Supreme Court’s denial of that branch of the plaintiff’s motion which was to compel the defendants to comply with certain discovery demands was not an improvident exercise of its discretion.

Section 3101(a) permits disclosure of documents about property improvements when their quality and extent bear on a claim for damage to those improvements.

Olympic Realty, LLC v. Open Road of Staten Island, LLC · filed 2016-08-10(a)

The general rule is that the scope of disclosure includes “all matter material and necessary in the prosecution or defense of an action” (CPLR 3101 [a]). ... Therefore, the defendants are entitled to disclosure with respect to the plaintiff’s improvements to the premises after the plaintiff purchased the premises in 2006.

Section 3101(a) does not require production of repurchase analyses for specific loans in trusts outside the case.

ACE Securities Corp. v. DB Structured Products, Inc. · filed 2016-10-12(a)

Beyond those general documents, however, the court agrees with defendant that repurchase analysis documents related to specific loans in trusts that are not at issue in this case do not need to be produced.

Section 3101(a)(1) limits disclosure to information material and necessary to the issue referred for determination.

Luna Lighting, Inc. v. Just Industries, Inc. · filed 2016-03-30(a)(1)

To the extent that the plaintiff sought to explore the issue of whether L&L was assisting JI with new business aside from the redemption of the property, such information would not be material and necessary to the issue referred, i.e., calculation of the redemption price (see CPLR 3101 [a] [1]).

Section 3101(a)(1) permits disclosure of a driver’s cellular telephone records when the request is reasonably calculated to reveal information bearing on a negligence claim.

D'Alessandro v. Nassau Health Care Corp. · filed 2016-03-30(a)(1)

CPLR 3101 (a) (1) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action.” ... Accordingly, under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying that branch of the plaintiff’s motion which was pursuant to CPLR 3124 to compel the defendant driver to provide authorizations for the complete records of her cellular phone use for the period between 8:00 p.m. and 10:00 p.m. on April 4, 2012.

Section 3101(a) permits disclosure of siblings’ medical records when expert evidence shows they are material and necessary to assess whether the plaintiff’s injuries have a genetic cause.

Kaous ex rel Agouzoul v. Lutheran Medical Center · filed 2016-04-27(a)

In addition, the Supreme Court properly granted those branches of the defendants’ motions which were for authorizations for the medical records of Sophia’s siblings. CPLR 3101 (a) provides for “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) permits disclosure of a former deal counsel’s knowledge of a disputed transaction when that information is material and necessary to the action.

China Privatization Fund (Del.), L.P. v. Galaxy Entertainment Group Ltd. · filed 2016-05-05(a)

He thus possesses information that is “material and necessary” to the prosecution and defense of the action (CPLR 3101 [a]; see 305-7 W. 128th St. Corp. v Gold, 178 AD2d 251, 251 [1st Dept 1991]).

Section 3101(a) permits discovery of training materials relevant to the years of alleged malpractice, but does not require disclosure of later materials that are neither material nor necessary to the claims.

Hackshaw v. Mercy Medical Center · filed 2016-05-11(a)

However, the Supreme Court improvidently exercised its discretion in amending the preclusion order to provide that the training materials for the year 2010 are not subject to discovery. Those materials are relevant to the plaintiffs’ claims, which allege malpractice not only in 2009 but also in 2010.

Section 3101(a) permits disclosure about clients retained by a new firm after a partnership dissolves when that information is material and necessary to the claims.

Metzger v. Goldstein · filed 2016-05-18(a)

Further, the Supreme Court properly confirmed so much of a referee’s order dated October 28, 2013, as granted that branch of the plaintiffs’ motion which was to compel the defendants to produce limited disclosure relating to clients retained by G&G after G&M’s dissolution, as such matters were “material and necessary” to the prosecution of the plaintiffs’ claims (CPLR 3101 [a]).

Section 3101(a) permits disclosure of communications with other insurance brokers only if they are relevant to the demolition project at issue.

STB Investments Corp. v. Sterling & Sterling, Inc. · filed 2016-06-07(a)

Accordingly, communications with other insurance brokers are not relevant unless they concern the demolition project.

CPLR 3101(a) requires a party seeking disclosure to show that the requested documents are material and necessary to its claims or defenses.

Aalco Transportation & Storage, Inc. v. DeGuara · filed 2016-06-08(a)

The appellants failed to ... demonstrate that the financial documents sought were material and necessary to their defenses or counterclaims (see CPLR 3101 [a]; Gitlin v Chirinkin, 71 AD3d 728 [2010]).

Section 3101(a) permits a defendant to depose the plaintiff's treating doctor when the deposition is material and necessary to the defense.

North Bronx Med. Health Care v. Auto One Ins. Co. · filed 2016-11-01(a)

However, as the deposition of plaintiff's treating doctor is material and necessary to defendant's defense of this action ( see CPLR 3101 [a]; ...), defendant is entitled to such discovery.

Section 3101(a) permits discovery of a site inspection and building floor plans when they are material and necessary to prosecuting the action.

RIVERA, SANDRA v. ROCHESTER GENERAL HEALTH SYSTEM · filed 2016-11-10(a)

Under the circumstances of this case, we substitute our own discretion for that of the motion court, and we conclude that the items of discovery requested by plaintiff are Amaterial and necessary@ to the prosecution of the action (CPLR 3101 [a]).

Section 3101(a) permits discovery of items material and necessary to the prosecution of an action.

Rivera v. Rochester General Health System · filed 2016-11-10(a)

Under the circumstances of this case, we substitute our own discretion for that of the motion court, and we conclude that the items of discovery requested by plaintiff are “material and necessary” to the prosecution of the action (CPLR 3101 [a]).

Section 3101(a) requires disclosure of material that is useful in preparing for trial, including insurance policies for vehicles not involved in the accident when their production has been ordered.

Madia v. CBS Corp. · filed 2017-01-03(a)

The court erred in denying the motion to compel plaintiffs to produce insurance polices and applications relating to four vehicles listed on their NYS Department of Motor Vehicles plate registration record that were not involved in the subject accident.

Section 3101 requires disclosure of matter material and necessary to the claims or defenses in an action.

DiCostanzo v. Schwed · filed 2017-01-05

CPLR 3101 "broadly mandates full disclosure of all matter material and necessary in the prosecution or defense of an action" (Kavanagh v Ogden Allied Maintenance Corp., 92 NY2d 952, 954 [1998]; see Hayes v Bette & Cring, LLC, 135 AD3d 1058, 1059 [2016]; Wiggins v Kopko, 105 AD3d 1132, 1134 [2013]).

Section 3101(a)(4) permits nonparty discovery of material and necessary evidence; a subpoena may be quashed when the requested material is irrelevant to a proper inquiry.

SNOW, LISA T. v. DEPAUL ADULT CARE COMMUNITIES, INC. · filed 2017-04-28(a)(4)

Given our conclusion that the remaining documents are not material and necessary to the prosecution or defense of the action, we do not reach plaintiff’s further contentions that those documents are not privileged and were not sealed pursuant to CPL 160.50.

A party seeking a deposition under section 3101(a)(1) must show that it will yield relevant evidence or is reasonably calculated to lead to information bearing on the claims.

State Farm Mutual Automobile Insurance Co. v. RLC Medical, P.C. · filed 2017-05-17(a)(1)

Here, the plaintiff made no showing that conducting the deposition of the administrator will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims (see Black v Budget Rent A Car Corp., 224 AD2d 350 [1996]; Crazytown Furniture v Brooklyn Union Gas Co., 150 AD2d at 421).

Section 3101(a) requires disclosure of prior psychiatric and substance abuse treatment records when a plaintiff’s broad injury claims make those records material and necessary to the issue of damages.

Greco v. Wellington Leasing Ltd. Partnership · filed 2016-11-23(a)

Moreover, the Supreme Court improvidently exercised its discretion in denying that branch of the defendants’ motion which was to compel production of the plaintiff’s psychiatric and substance abuse treatment records. CPLR 3101 (a) requires “full disclosure of all matter material and necessary in the prosecution or defense of an action.”

Section 3101(a) permits disclosure of shelter records that are material and necessary to the defense of an action when no privilege protects them.

ABRAHA, LUAM K. v. ADAMS, M.D., CRISTINE M. · filed 2017-03-31(a)

Contrary to her contention, the shelter records are not protected by any privilege, and they are thus subject to disclosure to the extent that they are material and necessary to the defense of the action (see Dominique D. v Koerntgen, 107 AD3d 1433, 1434; see generally CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406-407).

Section 3101(a) permits disclosure of medical records that are material and necessary to prove a claim.

McMahon v. New York Organ Donor Network, Inc. · filed 2017-04-06(a)

The medical records of these four individuals is material and necessary because plaintiff asserts that these patients exhibited signs of life or were improperly determined to be brain-dead when their organs were harvested. Plaintiff insists that these records would help prove a violation of law, a requirement in order to prevail in this case. Therefore, the requested information is discoverable.

Section 3101(a) permits discovery of 911 records concerning other stranded motorists when the records might bear on a special duty allegedly owed to the plaintiff’s decedent.

Abate v. County of Erie · filed 2017-06-30(a)

Contrary to their contention, Supreme Court properly determined that 911 records concerning other motorists stranded in the decedent’s vicinity are “material and necessary in the prosecution ... of [plaintiff’s] action” (CPLR 3101 [a]), particularly because those records might bear upon the special duty that defendants allegedly owed the decedent (see Cuffy v City of New York, 69 NY2d 255, 260 [1987]; see generally Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406-407 [1968]).

Section 3101(a) permits discovery that is material and necessary to a party’s defense, including demands bearing on the fee schedule amount disputed in a no-fault benefits action.

TAM Med. Supply Corp. v. Country Wide Ins. Co. · filed 2017-07-14(a)

CPLR 3101 (a) provides for "full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." ... As defendant's denial of claim form denied the claim on the ground that the amount billed exceeded the amount permitted by the workers' compensation fee schedule and as defendant is defending this action on that same ground, among others, the discovery demands at issue were material and necessary to defendant's defense ( see e.g. Reilly v Oakwood Hgts. Community Church , 269 AD2d 582 [2000]; Great Health Care Chiropractic, P.C. v Interboro Ins. Co. , 41 Misc 3d 130[A], 2013 NY Slip Op 51737[U] [App Term, 2nd Dept, 2d, 11th & 13th Jud Dists 2013]).

CPLR 3101’s broad relevance standard covers discovery concerning medical providers’ recorded accounts of how an accident occurred.

Rucinski v. More Restoration Co. Inc. · filed 2017-02-10

While the discovery sought is relevant under the broad standard of CPLR 3101 (see Matter of Kapon v Koch, 23 NY3d 32, 38 [2014]; Benavides v City of New York, 115 AD3d 518 [1st Dept 2014]), the court providently exercised its discretion in denying defendants’ request to compel plaintiffs to provide Arons authorizations.

Section 3101(a) permits a plaintiff to compel discovery material and necessary to establish damages after the defendant’s answer is stricken.

ICM Controls Corp. v. Morrow · filed 2017-06-30(a)

Here, plaintiff is entitled to an order compelling Morrow’s compliance with the discovery demands insofar as those demands are “material and necessary” to establish plaintiff’s damages (CPLR 3101 [a]).

Section 3101(a) requires disclosure of material and necessary matter, while giving courts discretion to limit discovery.

Morizio v. Roeder · filed 2018-01-08(a)

CPLR 3101 (a) mandates the "full disclosure of all matter material and necessary in the prosecution or defense of an action." However, a party is not entitled to unfettered disclosure and the Court is vested with broad discretion to manage the discovery process ( see Buxbaum v Castro , 82 AD3d 925 , 925 [2d Dept 2011]; Detraglia v Grant , 68 AD3d 1307 , 1308 [3d Dept 2009]). The cross motion to compel is denied in all respects.

Section 3101(a) permits discovery of tax-related financial information in documents other than tax returns when it is material and necessary to a claim.

Girozentrale v. Tilton · filed 2018-10-04(a)

The court properly denied defendants' motions for protective orders barring the use of all tax-related discovery and tax-related discovery post-dating April 2012, because the produced and requested tax-related discovery satisfies the liberally interpreted standard for disclosure ( see CPLR 3101[a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]).

CPLR 3101(a) requires disclosure of an anesthesia services contract and a knowledgeable witness when the contract may show the hospital’s relationship to or control over the anesthesiology practice, even if an individual signed it in his own capacity.

Redmond v. Hanypsiak · filed 2017-09-20(a)

Accordingly, the Supreme Court improvidently exercised its discretion in denying those branches of the plaintiffs motion which were to compel Nataloni, the PC, and the Medical Center to produce any contracts and agreements for anesthesia services between the Medical Center and Ward, in his individual capacity only, and to compel the Medical Center to produce a witness with knowledge regarding the subject contract.

Section 3101(a) does not require disclosure of an insurer’s reserve information when it is not material and necessary to the action.

Celani v. Allstate Indemnity Co. · filed 2017-11-09(a)

We also agree with defendant that the court abused its discretion in granting that part of plaintiff’s motion seeking disclosure of defendant’s reserve information and denying that part of defendant’s cross motion with respect thereto inasmuch as that information is not “material and necessary” to the action (CPLR 3101 [a]; see 40 Rector Holdings, LLC v Travelers Indem. Co., 40 AD3d 482, 482-483 [1st Dept 2007]).

CPLR 3101(a) permits an examination before trial when it is material and necessary to a party’s defense.

Avalon Radiology, P.C. v. Interboro Ins. Co. · filed 2017-12-08(a)

As defendant's moving papers established that defendant had served plaintiff with a notice for an EBT, which examination was material and necessary to defendant's lack of medical necessity defense ( see Great Wall Acupuncture, P.C. v General Assur. Co. , 21 Misc 3d 45 , 47 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), the branch of defendant's motion seeking to compel plaintiff to appear for an EBT should have been granted ( see CPLR 3101 [a]).

Section 3101(a) requires disclosure of material that is useful and reasonable to resolving a disputed issue, including a relevant database when producing it would not impose a special burden.

Palmatier v. Mr. Heater Corp. · filed 2017-12-21(a)

Based upon this, together with the fact that the search results are entirely dependent upon the search terms that are used and that Smith was unable to explain how the results she relied upon were generated, we find that the complete contents of the database from 2004 to 2009 “may be fairly characterized as useful and reasonable” (Mitchell v Stuart, 293 AD2d at 906; see generally Allen v Crowell-Collier Publ. Co., 21 NY2d at 406-408).

Section 3101(a) permits a court to deny a motion to compel a deposition when the requesting party fails to show that the testimony is material and necessary to the action.

Lam v. 2 W. Nightlife, Inc. · filed 2018-03-15(a)

The court providently exercised its discretion in denying the motion as plaintiff failed to establish that defendant's owner's deposition was material and necessary to the prosecution of the action, given, inter alia, plaintiff's own observations during his presence in the bar in the hours before the accident and the preserved surveillance footage ( see CPLR 3101[a]).

Section 3101(a) permits disclosure of materials that are material and necessary to trial preparation.

Matter of South Cent. Plaza, Inc. v. Village of Spring Val. · filed 2018-03-21(a)

Here, the Supreme Court properly determined that the requested materials were [*2]material and necessary to the respondents' trial preparation and should be produced ( see CPLR 3101[a]; 408; 22 NYCRR 202.59; Matter of Greens at Washingtonville, Ltd. v Town of Blooming Grove , 98 AD3d at 1119; Matter of Wendy's Rests., LLC v Assessor, Town of Henrietta , 74 AD3d at 1917).

Section 3101(a) permits disclosure of records material and necessary to a retaliation claim.

McMahon v. New York Organ Donor Network · filed 2018-05-29(a)

The records concerning these four individuals are material and necessary to plaintiff's claim ( see CPLR 3101[a]).

Section 3101(a) requires a party seeking to depose opposing counsel to establish that the deposition is material and necessary to its case.

Legacy Builders/Developers Corp. v. Hollis Care Group, Inc. · filed 2018-06-06(a)

We also agree with the Supreme Court's denial of the appellants' motion to strike the note of issue for the purpose of deposing the plaintiff's counsel, as the appellants failed to establish that deposing the plaintiff's counsel was material and necessary to their defense of the action, or that discovery was otherwise not complete ( see 22 NYCRR 202.21[e]; CPLR 3101[a]; cf. Gallo v SCG [*2]Select Carrier Group, L.P. , 91 AD3d 714, 714).

Section 3101(a)(1) does not require disclosure of an employment contract when the request rests on speculation and the contract has not been shown material and necessary to a viable claim.

McAlwee v. Westchester Health Assoc., PLLC · filed 2018-07-05(a)(1)

The plaintiff failed to demonstrate that the request for Dieck's employment contract was material and necessary to a viable claim ( see generally State Farm Mut. Auto. Ins. Co. v RLC Med., P.C., 150 AD3d 1034, 1035; Quinones v 9 E. 69th St., LLC, 132 AD3d 750, 751; Mendelovitz v Cohen, 49 AD3d 612, 612; White Bay Enters. v Newsday, Inc., 288 AD2d 211, 212; Palma v Iona College, 259 AD2d 532, 532).

Section 3101(a) limits disclosure to material relevant to the alleged defect; records about different bus models or unrelated parts of the bus are outside that scope.

Curran v. New York City Tr. Auth. · filed 2018-01-02(a)

Predecessor models of the bus on which plaintiff fell and buses with front-facing rear seating are not relevant to whether the bus on which plaintiff fell was defectively designed (CPLR 3101[a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]). Similarly, while material concerning the rear stairs, handrails, and warning signs in the rear of the subject bus, i.e., the alleged dangerous conditions, is relevant, material concerning other sections of the bus or other defects is not relevant.

Section 3101(a) permits discovery concerning the alleged defect but excludes material about unrelated bus models, areas, or defects.

Curran v. New York City Tr. Auth. · filed 2018-05-29(a)

Predecessor models of the bus on which plaintiff fell and buses with front-facing rear seating are not relevant to whether the bus on which plaintiff fell was defectively designed (CPLR 3101[a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]). Similarly, while material concerning the rear stairs, stanchions, handrails, and warning signs in the rear of the subject bus, i.e., the alleged dangerous conditions, is relevant, material concerning other sections of the bus or other defects is not relevant.

Section 3101(a) requires a showing that requested records are relevant and material to the injuries at issue or may lead to relevant evidence.

Castro v. Admar Supply Co., Inc. · filed 2018-03-23(a)

Finally, we have considered defendant's remaining contention, and we conclude that defendant failed to make the requisite showing that plaintiff's school and employment records contain information that is relevant and material to the injuries in question, or that those records "may contain information reasonably calculated to lead to relevant evidence" ( Bozek v Derkatz , 55 AD3d 1311, 1312 [4th Dept 2008] [internal quotation marks omitted]; see Helmer v Draksic , 38 AD3d 1297, 1298 [4th Dept 2007]; see also CPLR 3101 [a]).

Once liability is established on a claim, only facts relevant to damages are material and necessary for disclosure on that claim.

Morrow v. Gallagher · filed 2018-07-18(a)

Inasmuch as liability has been established as to these causes of action, only the disclosure of facts relevant to damages on those claims are "material and necessary in the prosecution or defense" thereof (CPLR 3101[a]).

Section 3101(a) requires disclosure of matter material and necessary to an action; a discovery request must be reasonably calculated to yield relevant information, whether directed to a party or a nonparty.

Catlyn & Derzee, Inc. v. Amedore Land Developers, LLC · filed 2018-11-01(a)

CPLR 3101 mandates "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR 3101 [a]), and "[a] party seeking discovery must satisfy the threshold requirement that the request is reasonably calculated to yield information that is material and necessary — i.e., relevant — regardless of whether discovery is sought from another party or a nonparty" ( Forman v Henkin , 30 NY3d 656, 661 [2018] [internal quotation marks and citation omitted]; see Matter of Kapon v Koch , 23 NY3d 32, 38 [2014]). In view of our disposition in both this and the prior appeal, the only viable cause of action that remains is plaintiff's claim that defendants breached the contract's cost reimbursement provision. Thus, Supreme Court providently exercised its discretion in denying plaintiff's motion to compel and granting defendants' cross motion to quash the nonparty subpoenas except to the extent that the discovery devices seek documents relevant to the $210,000 credit taken by defendants ( see generally Matter of Kapon v Koch , 23 NY3d at 38; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]).

Section 3101(a) does not require disclosure of documents that would not yield facts useful for trial because the requesting party cannot establish the underlying claims or defenses.

Horn v. Nestor · filed 2019-05-30(a)

As to the document requests concerning defendant's existing counterclaims and affirmative defense under the Truth in Lending Act and the Banking Law, the disclosure of responsive documents would not uncover "facts bearing on the controversy which will assist in the preparation for trial" because defendant cannot establish her claims and defenses even with such disclosure ( Anonymous v High School for Envtl. Studies , 32 AD3d 353, 358 [1st Dept 2006], citing CPLR 3101[a]; accord Forman v Henkin , 30 NY3d 656, 664 [2018]).

Section 3101(a) requires disclosure of information material and necessary to an action, including information sought through demands narrowed to avoid undue breadth and burden.

Kayantas v. Restaurant Depot, LLC · filed 2019-06-05(a)

CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." ... In this case, notwithstanding the plaintiff's efforts to prune her demands to avoid demands that were overly broad and burdensome, the defendant nevertheless failed to comply with demands for material and necessary information.

Section 3101(a)(1) permits disclosure of information relevant to the claims or reasonably calculated to lead to information bearing on them.

Asphalt Maintenance Servs. Corp. v. Oneil · filed 2019-07-10(a)(1)

Here, the Supreme Court providently exercised its discretion in determining that the discovery sought by the plaintiffs in demand numbers 1, 4, 5, 7, 8, 9, 10, 14, 15, and 16 would result in the disclosure of relevant evidence or was reasonably calculated to lead to the discovery of information bearing on the claims in the instant action ( see Redmond v Hanypsiak , 153 AD3d 1374, 1375; D'Alessandro v Nassau Health Care Corp. , 137 AD3d 1195, 1196).

Section 3101(a) requires full disclosure of matter material and necessary to prosecuting or defending an action, regardless of the burden of proof.

Matter of Metro-North Train Acc. of Feb. 3, 2015 · filed 2019-12-18(a)

CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." ... Here, given the nature of this action and the parties' past discovery disputes, the Supreme Court providently exercised its discretion in granting the plaintiffs' motion to compel certain discovery and/or for sanctions pursuant to CPLR 3126 to the extent of directing the Metro-North defendants and the Town to provide certain supplemental responses to the plaintiffs' subject discovery requests by no later than March 26, 2018, under threat of preclusion.

Section 3101(a) permits inspection of evidence held by others when it is material and necessary to prosecute an action.

Breau v. Burdick · filed 2018-11-16(a)(2), (4)

Inasmuch as we are reinstating the complaint against Burdick, and in light of the concession of the Fosters, who now own the hay conveyor, we further modify the order by granting plaintiff's motion to compel the Fosters to permit inspection of the hay conveyor, which is material and necessary in the prosecution of plaintiff's action against Burdick ( see CPLR 3101 [a] [2], [4]; see generally Lobello v New York Cent. Mut. Fire Ins. Co. , 152 AD3d 1206, 1209 [4th Dept 2017]).

Section 3101 requires disclosure of information material and necessary to litigate claims and defenses.

Heredia v. Uber Tech., Inc. · filed 2018-11-27

The information sought in the discovery demands to which we direct Uber and Schmecken to respond is material and necessary to plaintiffs' ability to litigate the causes of action against Uber and Schmecken alleging vicarious liability and negligent hiring and supervision, among other things, as well as to defend against Uber and Schmecken's affirmative defense alleging that defendant Bailo Diallo was an independent contractor.

Section 3101(a) permits disclosure of material and necessary information, including emails found through search terms reasonably calculated to reveal relevant evidence.

O'Halloran v. Metropolitan Transp. Auth. · filed 2019-02-21(a)

The court providently exercised its discretion in granting in part plaintiff's motion to compel discovery and ordering defendants to run searches of electronic mailboxes of defendants' employees and to produce those documents responsive to plaintiffs' requests (CPLR 3101[a]; 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co. , 62 AD3d 486, 487 [1st Dept 2009]; see also Andon v 302-304 Mott St. Assoc. , 94 NY2d 740, 745 [2000]; GoSMILE, Inc. v Levine , 112 AD3d 469 [1st Dept 2013]). The record demonstrates that plaintiff's requests seek material and necessary information, and that her search terms, all of which were to be combined with her name or nickname or the name or nickname of a coworker she alleges was discriminated or retaliated against on similar grounds, would result in the disclosure of relevant evidence, and are reasonably calculated to lead to the discovery of relevant information.

Section 3101(a) permits disclosure of related entities’ appraisal documents and practices when they are material and necessary to a claim challenging an appraisal.

309 Fifth Owners LLC v. MEPT 309 Fifth Ave. LLC · filed 2019-04-02(a)

Documents relating to the appraisal preparation and practices of the entities related to defendant in their ordinary course of business, as well as the appraisals so prepared, are material and necessary to plaintiff's prosecution of its action (CPLR 3101[a]; see Forman v Henkin , 30 NY3d 656, 661-662 [2018]; McMahon v New York Organ Donor Network , 161 AD3d 680 [1st Dept 2018]).

Section 3101(a) allows an inspection that may aid trial preparation on a central issue, even when the passage of time may reduce its probative value.

Zupnick v. City of New Rochelle · filed 2019-06-12(a)

CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." ... Here, the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion. ... Although the probative value of the inspection may be weakened by the passage of time since the accident occurred, such delay is not a basis for denying the plaintiff's discovery request where, as here, the inspection may still aid the parties in preparation for trial ( see Cortes v ALN Rest., Inc. , 137 AD3d 467).