N.Y. C.P.L.R. § 3101

Section 3101(a)(1) permits disclosure of cellular telephone records when the requesting party shows they may yield relevant evidence bearing on the claims.

Mendives v. Curcio · filed 2019-07-24(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." ... Rather, under the circumstances presented herein, the plaintiff's motion papers adequately demonstrated that the plaintiff's request for the defendant's cellular telephone records may result in the disclosure of relevant evidence, was reasonably calculated to lead to the discovery of information bearing on the plaintiff's claim, and was sufficiently related to the issues in litigation to make the effort to obtain them in preparation for trial reasonable ( see D'Alessandro v Nassau Health Care Corp. , 137 AD3d 1195, 1196-1197).

CPLR 3101 requires disclosure of an original note and its endorsements when they are material and necessary to a standing defense in a foreclosure action.

Bayview Loan Servicing, LLC v. Charleston · filed 2019-09-11(a)(1)

Here, the defendant contends that the documents and interrogatories at issue are "material and necessary" to prove the defense of lack of standing. We find there is merit to this contention to the extent that it pertains to the production, for the defendant's inspection, of the original note and endorsements.

Section 3101(a) does not require disclosure of information that is not material and necessary to prosecuting the claims.

Knickerbocker Vil., Inc. v. Lexington Ins. Co. · filed 2019-12-26(a)

The court properly denied plaintiff's request to compel disclosure of information about defendants' handling of its other insureds' losses resulting from Superstorm Sandy. The requested discovery is not material and necessary to the prosecution of the claims in this action ( see CPLR 3101[a]; Gray v Tri-State Consumer Ins. Company , 157 AD3d 938, 940-941 [2d Dept 2018]; Diaz v City of New York , 140 AD3d 826 [2d Dept 2016]).

Section 3101(a) entitles a spouse to disclosure of business ledgers relevant to claims for maintenance, child support, and attorney's fees.

Benedict v. Benedict · filed 2019-02-08(a)

The mother was entitled to disclosure of the business ledgers because the court ordered that disclosure following its proper determination that those ledgers were relevant to her claims for maintenance, child support, and attorney's fees ( see generally CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406 [1968]; Gromoll v Bertolino , 4 AD3d 759, 759 [4th Dept 2004]).

Section 3101 requires full disclosure of material and necessary matter, including a party's own statements.

Fowler v. Buffa · filed 2019-02-21

The trial court did not err in precluding a disability insurance form alleged to contain a statement against interest from defendant Anurag Shrivastava, M.D. The imposition of sanctions for discovery misfeasance is a matter better left to the sound discretion of the trial court ( see Gomez v New York City Hous. Auth. , 217 AD2d 110, 114 [1st Dept 1995]). CPLR 3101 provides that there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, including a party's own statements ( see also Sands v News Am. Publ. , 161 AD2d 30, 42 [1st Dept 1990]). Plaintiff's disclosure of the document less than two days prior to trial was an unfair surprise for which no reasonable excuse was proffered ( see Curbean v Kibel , 12 AD3d 206, 207 [1st Dept 2004]; Ward v Mehar , 264 AD2d 515, 516 [2d Dept 1999]).

Section 3101(a) requires disclosure of matter material and necessary to an action, but discovery demands seeking irrelevant information or framed too broadly may be denied.

Asprou v. Hellenic Orthodox Community of Astoria · filed 2020-07-08(a)

CPLR 3101(a) requires, in pertinent part, "full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Here, the discovery demands at issue were abandoned or palpably improper in that they sought irrelevant information or were overbroad ( see id. at 758; Shaw v Bluepers Family Billiards , 94 AD3d 858, 860; Geffner v Mercy Med. Ctr. , 83 AD3d at 998).

Section 3101(a) calls for broad disclosure of facts bearing on the controversy, including documents relevant to a challenged trust asset valuation.

Matter of Cheryl LaBella Hoppenstein 2005 Trust · filed 2020-09-02(a)

CPLR 3101(a), which provides for "full disclosure of all matter material and necessary in the prosecution or defense of an action," 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; see Matter of Kapon v Koch , 23 NY3d 32, 38).

Section 3101 permits discovery of immigration status and hiring documents when they are relevant to whether false documentation induced an employer to hire a worker.

Molina v. Two Bros. Scrap Metal, Inc. · filed 2020-12-09

Therefore, here, information concerning the plaintiffs' immigration and residency status, social security numbers, and personal information presented to the defendants to secure employment is relevant and discoverable ( see CPLR 3101).

Section 3101(a) requires disclosure of matter material and necessary to an action, and permits a court to direct that disclosure.

Bank of N.Y. Mellon v. Brodwith · filed 2021-02-10(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 should have granted that branch of the defendant's motion which was pursuant to CPLR 3101 to direct disclosure.

Section 3101(a) permits disclosure of information necessary to prosecute a pending, viable derivative claim.

Troffa v. Troffa · filed 2021-03-03(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]; see Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406-407). ... Insofar as the fourth cause of action was a pending and viable cause of action, the information sought by the subpoeanas was necessary and proper to the prosecution of the action.

Section 3101(a) permits disclosure of financial records that are material and necessary to prosecuting an action when other discovery does not supply the information.

Healey v. Ean Holdings, LLC · filed 2020-02-26(a)

The plaintiffs demonstrated that the requested discovery was material and necessary to the prosecution of the action, and, contrary to the court's conclusion, document discovery provided by the ELRAC defendants, as well as Barbaria's deposition, were insufficient sources of the information sought by the plaintiffs ( see CPLR 3101[a]; Samide v Roman Catholic Diocese of Brooklyn , 16 AD3d 482, 483; Titleserv, Inc. v Zenobio , 210 AD2d 314, 316).

Section 3101(a) requires liberal disclosure of information useful in preparing a claim or defense.

Matter of Elliot P.N.G. (Jonathan H.G.) · filed 2020-03-25(a)

Moreover, CPLR 3101(a) provides that there shall be full disclosure of all matter "material and necessary in the prosecution or defense of an action." The words "material and necessary" are to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist in preparation for trial by sharpening the issues and reducing delay and prolixity.

Section 3101(a) does not require disclosure of records about a sidewalk when its condition has no shown connection to the accident.

Nolasco v. City of New York · filed 2020-04-23(a)

Such discovery is not material and necessary to the prosecution of the action as there is no evidence in the record that the sidewalk or the condition thereof contributed in any way to plaintiff's accident ( see CPLR 3101[a]).

Section 3101(a) supports disclosure of relevant 911 recordings when a police department's conclusory claim of interference with an investigation does not outweigh the plaintiffs' need for them.

Estate of Gilbert v. Hackett · filed 2020-05-06(a)

Disclosure in civil actions is generally governed by CPLR 3101(a), which provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." ... We agree with the Supreme Court's determination that the SCPD's conclusory assertions that disclosure of the 911 recordings would interfere with an ongoing homicide investigation more than eight years after Shannan's death did not outweigh the plaintiffs' interest in disclosure of material which was relevant to the plaintiffs' action.

Section 3101(a) requires disclosure of matter material and necessary to an action, and courts have discretion to determine whether the information sought meets that standard.

Slapo v. Winthrop Univ. Hosp. · filed 2020-09-02(a)

It is a fundamental principle in civil litigation 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" (CPLR 3101[a]; see Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 405-407; Berkowitz v 29 Woodmere Blvd. Owners', Inc. , 135 AD3d 798, 799). ... Discovery determinations are discretionary, and the trial court possesses wide discretion to decide whether information sought is material and necessary to the prosecution or defense of an action ( see Vargas v Lee , 170 AD3d 1073, 1076). ... Here, the Supreme Court providently exercised its discretion in granting those branches of Winthrop's motion which were for a protective order to the extent of limiting further questioning of Brem solely to his observations and treatment of decubitis ulcers sustained by Slapo and to direct that Brem's continued deposition be supervised by a special referee.

Section 3101(a) requires disclosure of material and necessary information, including social media records and friends' contact details that may bear on a claimed emotional injury.

Abedin v. Osorio · filed 2020-11-12(a)

Disclosure in civil actions is generally governed by CPLR 3101(a), which provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Here, the defendant demonstrated that records from the infant plaintiff's Facebook, Snapchat, and Instagram accounts were "reasonably likely to yield relevant evidence" regarding the alleged emotional and mental trauma that the infant plaintiff suffered from as a result of the subject accident, which allegedly was, in part, evidenced by her social isolation and withdrawal ( Forman v Henkin , 30 NY3d at 666). In addition, the defendant demonstrated that its request for the last known addresses and phone numbers of three of the infant plaintiff's friends was reasonably calculated to lead to the discovery of information bearing on the infant plaintiff's claimed mental and emotional trauma.

Section 3101(a) requires a party seeking disclosure of settlement terms to show that those terms are material or necessary to its claims or defense.

McMahon v. Cobblestone Lofts Condominium · filed 2020-12-08(a)

In any event, Cobblestone failed to demonstrate that the unredacted settlement agreement terms that it sought were material or necessary to its defense or claims (see CPLR 3101(a); Matter of New York County Data Entry Worker Prod. Liab. Litig. , 222 AD2d 381 [1st Dept 1995]).

Section 3101(a) requires a party seeking access for inspection and testing to show that the access would yield matter material and necessary to the action.

101CO, LLC v. Sand Land Corp. · filed 2020-12-09(a)

The plaintiffs failed to establish that access to these additional areas of the defendants' mine for the purpose of inspecting and testing would yield matter material and necessary to the prosecution of the action ( see Allen v Crowell-Collier Publ. Co. , 21 NY2d at 406; Wadolowski v Cohen , 99 AD3d at 794-795).

Section 3101(a) requires disclosure sought to be material and necessary to prosecuting a claim; allegations unrelated to any element of the claim do not make information discoverable.

Pacelli v. Peter L. Cedeno & Assoc., P.C. · filed 2021-03-23(a)

The motion court providently exercised its discretion in determining that that the discovery sought by plaintiffs was not material and necessary to the prosecution of their tort claims ( see generally CPLR 3101[a]; Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc. , 11 NY3d 843, 845 [2008]).

Section 3101(a) does not require production of a retainer agreement when the requesting party fails to show that it is relevant or reasonably calculated to lead to relevant information.

Board of Mgrs. of Fishkill Woods Condominium v. Gottlieb · filed 2020-06-24(a)

Under the circumstances presented, the BOM parties met their initial burden of showing that a letter of engagement or retainer agreement was not relevant, and the appellants made no showing that the production of a letter of engagement or retainer agreement would result in the disclosure of relevant evidence or was reasonably calculated to lead to the discovery of relevant information ( see Asphalt Maintenance Servs. Corp. v Oneil , 174 AD3d 562; Liberty Petroleum Realty, LLC v Gulf Oil, L.P. , 164 AD3d 401, 405).

Section 3101(a) permits discovery when a request is reasonably calculated to yield information material and necessary to the claims.

Starr Russia Invs. III B v. v. Deloitte Touche Tohmatsu Ltd. · filed 2021-03-16(a)

A party seeking discovery must demonstrate that "the request is reasonably calculated to yield information that is 'material and necessary' — i.e., relevant" ( Forman v Henkin , 30 NY3d 656, 661 [2018]; see also CPLR 3101[a]).

Section 3101(a)(1) leaves the burden of complying with discovery and producing a retrievable comment on the party asked to produce it, even when the opposing party has retrieval instructions.

Bruno v. Peak Resorts, Inc. · filed 2021-01-14(a)(1)

We note that the burden of compliance and production remains upon plaintiff, despite the fact that defendants allegedly received these instructions as to how the deleted comment may be retrieved ( see generally CPLR 3101 [a] [1]).

Section 3101(a) permits disclosure of documents material and necessary to the claims and defenses in an action.

NYP Holdings, Inc. v. Paul Evans LLC · filed 2021-05-11(a)

The documents sought by plaintiff are "material and necessary" to the claims and defenses asserted in this action (CPLR 3101[a]; see State of N.Y., City of N.Y. ex rel. Campagna v Post Integrations, Inc. , 168 AD3d 647 [1st Dept 2019]), and are consistent with the prior court order issued in this case which contemplated such discovery.

Section 3101(a) permits disclosure of information from before and after a contract's term when it is material and necessary to the claims.

Strategic Funding Source, Inc. v. Steenbok, Inc. · filed 2021-05-13(a)

Although some of the information plaintiff seeks pre- and post-dates the terms of the contracts at issue, the information is nonetheless material and necessary to its claims ( see CPLR 3101[a]; Allen v Crowell-Collier Publ. Co ., 21 NY2d 403 [1968]), since plaintiffs allege that defendants warranted their financial condition when they entered into the contracts, that they may have misrepresented their financial condition, and that they failed to meet their financial obligations under the contracts.

Section 3101(a) permits disclosure relevant to whether an event created a traffic danger, but requests for past medical emergency reports must be limited to emergencies involving traffic accidents.

Rote v. Snyder · filed 2021-06-03(a)

"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" ( Andon v 302-304 Mott St. Assoc. , 94 NY2d 740, 746 [2000] [internal quotation marks omitted]). ... We find that the scope of plaintiffs' request related to reports of past medical emergencies associated with the event is too broad and should be solely limited to medical emergencies associated with traffic accidents ( see Div-Com, Inc. v Tousignant , 116 AD3d at 1120).

CPLR 3101(a) permits disclosure of material and necessary information about prior similar incidents even if that information may be inadmissible at trial.

Lau v. New York City Tr. Auth. · filed 2022-01-11(a)

Information about prior incidents in which a passenger was injured when a subway door closed on him or her anywhere in the New York City subway system may be material and necessary to defendant's notice of the alleged dangerous condition and its duties and obligations to plaintiff ( see generally Z.D. v MP Mgt., LLC , 150 AD3d 550, 551 [1st Dept 2017]). Even if unredacted documents relating to prior similar incidents elsewhere in the subway system are found to be inadmissible at trial, that is not the test for disclosure under CPLR 3101(a) ( see Matter of Steam Pipe Explosion at 41st St. & Lexington Ave. , 127 AD3d 554, 555 [1st Dept 2015], affd 27 NY3d 985 [2016]).

Section 3101(a) requires disclosure of material and necessary information, including custody records relevant to whether other factors caused a plaintiff’s claimed injuries.

C.T. v. Brant · filed 2022-02-17(a)

Parties are entitled to "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR 3101 [a]). ... As that information would be "material and relevant to . . . plaintiff's theory of causation of the infant's injuries," Supreme Court abused its discretion in not reviewing the custody records in camera for that information, and we remit so that it may do so ( Schwahl v Grant , 47 AD3d at 699).

Section 3101(a) requires disclosure of matter material and necessary to an action, but does not entitle a party to unlimited disclosure.

Fox v. Roman Catholic Archdiocese of N.Y. · filed 2022-02-23(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, '[a] party is not entitled to unlimited, uncontrolled, unfettered disclosure'" ( Lombardi v Lombardi , 190 AD3d 964, 966, quoting [*2]Geffner v Mercy Med. Ctr. , 83 AD3d 998, 998; see Kiernan v Booth Mem. Med. Ctr. , 175 AD3d 1396, 1398).

Section 3101(a) covers deposition questions seeking information material and necessary to a party's defense.

Von Maack v. Wyckoff Hgts. Med. Ctr. · filed 2021-06-09(a)

Contrary to the plaintiff's contention, the questions at issue were designed to elicit information which was material and necessary to the defendant's defense of this action ( see CPLR 3101[a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406-407; Yoshida v Hsueh-Chih Chin , 111 AD3d 704, 706; Parker v Ollivierre , 60 AD3d 1023, 1024), and her objections were not otherwise authorized by 22 NYCRR 221.2.

Section 3101(a) supports disclosure through a neuropsychological examination when the examination is material and necessary to defend against claimed head injuries and cognitive impairment.

Pokorski v. FDA Logistics · filed 2021-06-11(a)

CPLR 3101 (a) requires the "full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Under the circumstances of this case, we agree with defendants that the preclusion order sought by plaintiff is not warranted inasmuch as the NPE is material and necessary to defend against plaintiff's claims that he sustained head injuries and cognitive impairment ( see generally Chaudhary v Gold , 83 AD3d 477, 478 [1st Dept 2011]).

Section 3101 permits disclosure of files concerning other priests when they may reveal a pattern of responses to abuse allegations material to a negligent supervision claim.

Melfe v. Roman Catholic Diocese of Albany, N.Y. · filed 2021-07-01

Bearing in mind Supreme Court's broad discretion in controlling discovery, as well as its authority to determine what is material and necessary pursuant to CPLR 3101, the court properly exercised its discretion in determining that the requested files are subject to disclosure via plaintiffs' motion to compel ( see Gold v Mountain Lake Pub. Telecom. , 124 AD3d at 1052).

Section 3101(a) requires a discovery request to be reasonably calculated to yield material and necessary information; records sought to prove a fact already admitted do not meet that threshold.

Brennan v. Demydyuk · filed 2021-07-16(a)

Given the prior admission establishing that Vladyslav was the operator of the pickup truck, plaintiff "failed to meet the threshold for disclosure by showing that [his] request for [defendants'] cell phone [records and records for food and beverage purchases] was reasonably calculated to yield information material and necessary to [his action]" ( Evans v Roman , 172 AD3d 501, 502 [1st Dept 2019]; see Long Is. Coll. Hosp. v Whalen , 55 AD2d 792, 792-793 [3d Dept 1976]; see also Brooklyn Bur. of Social Serv. & Children's Aid Socy. v Transamerica Ins. Co. , 28 AD2d 841, 841 [1st Dept 1967]).

Section 3101(a) permits discovery material and necessary to opposing a summary judgment motion.

University Sq. San Antonio, Tx. LLC v. Mega Furniture Dezavala, LLC · filed 2021-10-01(a)

We therefore conclude that the court abused its discretion in denying defendants' cross motion to compel inasmuch as the disclosure sought was " 'material and necessary' " to opposing plaintiff's motion ( Buffamante Whipple Buttafaro, Certified Public Accountants, P.C. v Dawson , 118 AD3d 1283, 1284 [4th Dept 2014], quoting CPLR 3101 [a]), and we likewise conclude that the court erred in granting plaintiff's motion for summary judgment ( see CPLR 3212 [f]).

CPLR 3101 permits disclosure of personnel and disciplinary records that are material to pleaded claims when the confidentiality formerly conferred by Civil Rights Law § 50-a no longer applies.

Zhang v. City of New York · filed 2021-10-14

Based on the liberal discovery standard set forth in CPLR 3101, without considering the confidentiality conferred by the now repealed Section 50-a , plaintiff demonstrated that the document requests seek records material to the claims pled in the complaint, which include claims against the City defendants for negligent noncompliance with statutory requirements that may be supported by evidence in the personnel and disciplinary records ( cf. Parkinson v Fedex Corp. , 184 AD3d 433, 434 [1st Dept 2020] ["The personnel files are not discoverable, as plaintiff has not asserted a cause of action for negligent hiring"]).

Section 3101(a) requires disclosure of material and necessary information; a party seeking to compel further responses must show how the alleged deficiencies relate to its claims.

Calcagno v. Graziano · filed 2021-12-09(a)

CPLR 3101 (a) mandates "full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Nor do they address or demonstrate how the alleged deficiencies are material and necessary to particular claims. Under such circumstances, we discern no abuse of discretion in Supreme Court's determination [*3]that plaintiffs failed to make the requisite showing for a motion to compel and to deny the motion accordingly ( see Aaron v Pattison, Sampson, Ginsberg & Griffin, P.C. , 69 AD3d 1084, 1085-1086 [2010]).

Section 3101(a) permits a nonparty deposition to continue when the witness’s testimony is material and necessary to the claims.

Gendell v. 42 W. 17th St. Hous. Corp. · filed 2022-01-18(a)

Miller is the majority shareholder of the Coop, and therefore is a key figure in the events surrounding plaintiffs' negligence and breach of contract claims regarding leaks in plaintiffs' units. Moreover, Miller was a member of the Board during a period of time when decisions were made about building maintenance, which is a relevant issue in plaintiffs' action. Thus, her testimony is "material and necessary" (CPLR 3101[a]; see Anonymous v High School for Envtl. Studies , 32 AD3d 353, 358 [1st Dept 2006]; Roman Catholic Church of the Good Shepherd v Tempco Sys. , 202 AD2d 257, 257-258 [1st Dept 1994]).

Section 3101(a)(1) permits disclosure of documents material and necessary to a party’s claim or defense; a party seeking original documents must show why they are needed for the asserted defense.

Deutsche Bank Natl. Trust Co. v. Mecca · filed 2022-02-23(a)(1)

Here, the Supreme Court did not improvidently exercise its discretion in denying Mecca's motion to compel the plaintiff to produce certain documents for inspection, as Mecca failed to establish that the original documents were "material and necessary to [his] [*2]affirmative defense alleging that the plaintiff lacked standing to commence this action" ( Bayview Loan Servicing, LLC v Charleston , 175 AD3d at 1231 [internal quotation marks omitted]; see Leibowitz v Babad , 175 AD3d at 640).

Section 3101(a) does not require disclosure of information that is neither material nor necessary to a defense.

Berkshire Hathaway Specialty Ins. Co. v. H.I.G. Capital, LLC · filed 2022-02-24(a)

Thus, the underwriting topic points are neither material nor necessary to present a defense ( see CPLR 3101[a]).

Section 3101(a) requires a party seeking to compel disclosure to show that the requested information is material and necessary to the action.

Demirayak v. Nassau Chest Physicians, P.C. · filed 2022-03-30(a)

The plaintiff failed to meet his burden of demonstrating that the discovery sought was "material and necessary" (CPLR 3101[a]) to the prosecution of the action ( see McAlwee v Westchester Health Assoc., PLLC , 163 AD3d 547, 549; Pesce v Fernandez , 144 AD3d at 655; cf. Cole v Panos , 128 AD3d 880, 883-884).

Section 3101(a) permits disclosure of a postaccident termination letter when it may contain information relevant to how the accident occurred, even if the letter is in an employee's personnel file.

Levin v. City of Rochester · filed 2022-03-31(a)

Even if Supreme Court had initially intended to preclude the disclosure of postaccident materials like the letter of termination, the letter was plainly material and necessary after depositions were had.

Section 3101(a) requires disclosure of financial records material to a breach of contract claim, limited to the relevant time period.

County of Warren v. Swan · filed 2022-03-31(a)

CPLR 3101 (a) mandates "full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Thus, the existence, nature and value of decedent's income and/or assets during the period surrounding the execution of the agreement is plainly relevant to the prosecution of these actions.

Section 3101 permits discovery of material and necessary evidence, but requests for discrimination investigations and lawsuits may be limited to the department and people implicated by the allegations.

Naramore v. Mount Sinai Health Sys. Inc. · filed 2022-05-31

Plaintiff has failed to show that broader discovery of all investigations and litigation concerning gender discrimination throughout the 10 hospitals within Mount Sinai is warranted and therefore the scope of discovery is limited as indicated to those related to the IT Division of Mount Sinai, the individual defendants and Gerstenberg ( see Curtis v Citibank, N.A. , 70 Fed Appx 20, 24 [2d Cir 2003]; Chen-Oster v Goldman, Sachs & Co., 293 FRD 557, 567 [SD NY 2013]).

Section 3101(a) requires disclosure of matter material and necessary to an action, subject to the court’s discretion to deny irrelevant, overly broad, or burdensome demands.

Orange & Rockland Utils., Inc. v. County of Rockland · filed 2022-06-01(a)

CPLR 3101(a) requires, in pertinent part, "full disclosure of all matter material and necessary in the prosecution or defense of an action."

Section 3101(a) permits disclosure of cell phone material when the request is reasonably calculated to yield relevant information, with the order tailored to avoid irrelevant material.

Tousant v. Aragona · filed 2022-08-04(a)

Although "[m]odern cell phones . . . hold for many Americans 'the privacies of life' " ( Riley v California , 573 US 373, 403 [2014]), New York has a liberal disclosure statute, requiring "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR 3101 [a] [emphasis added]; see Spectrum Sys. Intl. Corp. v Chemical Bank , 78 NY2d 371, 376 [1991]). ... Defendants "satisf[ied] the threshold requirement that the[ir] request [was] reasonably calculated to yield information that [was] 'material and necessary'—i.e., relevant—" to issues involved in the action ( id. at 661).

Section 3101(a)(1) requires disclosure of matter material and necessary to an action, but document demands may be denied when they are irrelevant, overly broad, or unduly burdensome.

Deutsche Bank Natl. Trust Co. v. Wentworth · filed 2022-12-07(a)(1)

CPLR 3101(a)(1) provides "[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, by . . . a party, or the officer, director, member, agent or employee of a party." ... Here, the Supreme Court providently exercised its discretion in denying certain branches of the defendant's motion which were to compel the plaintiff to respond to discovery demands, since the subject demands for documents were irrelevant, overly broad, or unduly burdensome ( see Leibowitz v Babad , 175 AD3d at 641; Accent Collections, Inc. v Cappelli Enters., Inc. , 84 AD3d 1283, 1284), and the defendant was not entitled to compel the plaintiff to comply with his requests for admissions ( see CPLR 3123[c]; 3124).

CPLR 3101(a) permits disclosure of communications reasonably calculated to yield material and necessary information about a disputed financial issue in a matrimonial action.

Lehrman v. Lehrman · filed 2022-12-20(a)

The discovery sought is "reasonably calculated" to yield information "material and necessary" to a financial issue in dispute between the parties, namely the reasons for termination of defendant's partnership interests(CPLR 3101[a]; Forman v Henkin , 30 NY3d 656, 661 [2018]).

Section 3101(a) permits disclosure of material and necessary evidence, but disclosure is not unlimited and trial courts have broad discretion to supervise it.

Collado v. City of New York · filed 2023-01-11(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" ( Palermo Mason Constr. v Aark Holding Corp. , 300 AD2d 460, 461 [internal quotation marks omitted]). Here, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to compel the defendant to provide copies of road work records for the area of the subject accident for the five-year period preceding the accident ( see Lau v New York City Tr. Auth. , 201 AD3d 470; Robinson v Highbridge House Ogden, LLC , 124 AD3d 472; Cabellero v City of New York , 48 AD3d 727; Miller v Kings Highway Hosp. , 225 AD2d 532).

Section 3101(a) requires a party seeking disclosure to show that the requested material is material and necessary to the prosecution or defense of the action.

Knoll v. L&M Spring Val., LLC · filed 2022-04-20(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 defendants failed to demonstrate that the documents relating to the plaintiff's prior criminal conviction were material and necessary to their defense of this action ( see Aalco Transp. & Stor., Inc. v DeGuara , 140 AD3d at 807-808; Montalto v Heckler , 113 AD3d 741, 742; Gitlin v Chirinkin , 71 AD3d 728, 729; Baez v Sugrue , 300 AD2d 519, 521; see also McAlwee v Westchester Health Assoc., PLLC , 163 AD3d 547, 549).

Section 3101(a) requires a party seeking records to show that they are relevant, material, and necessary to the action.

Fitzpatrick v. Consolidated Resistance Co. of Am., Inc. · filed 2022-05-11(a)

The defendant failed to meet its initial burden of demonstrating that those records were relevant to the issues in controversy, and material and necessary to the defense of this action ( see CPLR 3101[a]; Shafir v World of Chantilly, Inc. , 152 AD3d 814, 814; Sibley v Hayes 73 Corp. , 126 AD2d 629, 631; cf. Farkas v Orange Regional Med. Ctr. , 97 AD3d 720, 722).

Section 3101(a) requires disclosure of veterinary records that may lead to relevant evidence in a dog attack action.

Ashley M. v. Marcinkowski · filed 2022-07-08(a)

"Disclosure in civil actions is generally governed by CPLR 3101 (a), which directs: '[t]here shall be full disclosure of all matter material and [*2]necessary in the prosecution or defense of an action, regardless of the burden of proof' " ( Brennan v Demydyuk , 196 AD3d 1113, 1114 [4th Dept 2021]). ... Here, the contested veterinary records are material and necessary to the prosecution of plaintiff's action because, at the very least, they " 'may contain information reasonably calculated to lead to relevant evidence' " ( Bozek v Derkatz , 55 AD3d 1311, 1312 [4th Dept 2008]).

When a court grants leave for discovery in a special proceeding, CPLR 3101(a) governs disclosure of material necessary to resolve the proceeding.

Matter of Johnson v. Annucci · filed 2022-09-01(a)

When leave of court is granted, discovery is conducted in accordance with CPLR 3101 (a), which generally provides for "full disclosure of all matter material and necessary in the prosecution or defense of an action" or proceeding. ... Given petitioner's acknowledgment in this regard, we cannot say that Supreme Court abused its considerable discretion in concluding that the requested medical records were not material and necessary to the resolution of this matter.

Section 3101(a)(1) requires disclosure of medical records material and necessary to a defense, including records of a pre-existing injury relevant to the plaintiff's alleged fall.

Hamed v. Alas Realty Corp. · filed 2022-10-05(a)(1)

The defendants established that these records are material and necessary to the defense of this action ( see CPLR 3101[a][1]).

Section 3101(a) permits a court to compel disclosure of documents material and necessary to prosecuting an action when the opposing party fails to establish that the request is unduly burdensome.

Garcia v. Town of Tonawanda · filed 2022-11-18(a)

Here, we conclude that plaintiff met his burden of establishing that the discovery documents were material and necessary to the prosecution of the action ( see generally CPLR 3101 [a]). In opposing the motion, the Town failed to establish that the discovery requests were unduly burdensome ( see generally Kimball v Normandeau , 83 AD3d 1522, 1523 [4th Dept 2011]).

Section 3101 requires requested medical records to be material and necessary to an issue in the case before disclosure is compelled.

Lindsay v. CG Maiden Member, LLC · filed 2022-12-29

Defendant failed to show that the requested records were material and necessary to assessing causation, plaintiff's ability to recover from his injuries, or his future prognosis ( see CPLR 3101; Hunlock v New York City Tr. Auth. , 194 AD3d 522, 523 [1st Dept 2021]).

Section 3101(a) permits disclosure of documents material and necessary to prosecute veil-piercing and fraudulent conveyance claims.

Day v. Serenity Pharms., LLC · filed 2023-02-14(a)

Plaintiff demonstrated that the requested disclosures were material and necessary to prosecute its veil-piercing and fraudulent conveyance (Debtor and Creditor Law §§ 274-276) claims, and defendants' arguments in opposition were unavailing ( see CPLR 3101[a]).

Section 3101(a) excludes discovery of information that has no bearing on a party’s claims.

Strout v. CF E 88 LLC · filed 2023-02-21(a)

Thus, item seven of the order, which directs production of a current rent roll of all the apartments in the building, is not material and necessary for plaintiff to press this litigation (see CPLR 3101[a]; Forman v Henkin, 30 NY3d 656, 661 [2018]).

Section 3101(a) requires disclosure of material and necessary matter, but a party seeking disclosure must show that the requested material is relevant or reasonably likely to lead to relevant evidence.

Rrengo v. New York City Tr. Auth. · filed 2022-04-27(a)

Pursuant to CPLR 3101(a), "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Accordingly, the Supreme Court providently exercised its discretion in denying those branches of the plaintiff's motion which were to compel compliance with her discovery demands.

Section 3101(a) requires a party seeking disclosure to demonstrate a need for the requested material.

Nationstar Mtge., LLC v. Chase · filed 2022-08-24(a)

Further, the Supreme Court did not improvidently exercise its discretion in denying that branch of the defendant's renewed motion which was for discovery sanctions or, in the alternative, to compel discovery, as the defendant failed to demonstrate his need for the requested discovery ( see CPLR 3101[a]; 3123[a]; Vyas v Campbell , 4 AD3d 417, 418), including a copy of the subject note, which, contrary to his claim that it was never produced, was attached to the complaint.

Section 3101(a) does not require production of documents that would not uncover material and relevant information.

Weir v. Montefiore Med. Ctr. · filed 2022-09-27(a)

The court providently denied plaintiff's request to compel the production of documents, since his deposition testimony demonstrated the absence of viable claims, and production of the requested documents would not uncover material and relevant information (CPLR 3101[a]).

Section 3101(a) favors open disclosure so parties can adequately prepare for trial.

361 Broadway Assoc. Holdings, LLC v. Foundations Group I, Inc. · filed 2022-11-17(a)

Under the circumstances, the court's denial of plaintiff's motion left the parties in limbo where they could neither move forward to trial nor complete the discovery necessary to move forward to trial, thereby frustrating the strong public policy favoring open disclosure to allow the parties to adequately prepare (CPLR 3101[a]; see Andon v 302-304 Mott St. Assoc. , 94 NY2d 740, 746 [2000]).

CPLR 3101(a) permits disclosure of a training manual that may contain information relevant to a negligence claim, even when the plaintiff has not alleged negligent training.

Gerardo v. Breton · filed 2023-01-12(a)

The court providently exercised its discretion in compelling the production of a complete copy of the training manual, in light of the liberal discovery rules (see CPLR 3101[a]; Allen v Crowell-Collier Publ. Co. , 21 NY2d 403, 406-407 [1968]). ... Although plaintiff did not assert a claim for negligent training, the manual may still yield information relevant to the prosecution of her claims ( see Forman v Henkin , 30 NY3d 656, 661 [2018]; cf. Tangalin v MTA Long Is. Bus , 92 AD3d 766, 767-768 [2d Dept 2012]).

Section 3101(a) requires disclosure of matter material and necessary to an action; a discovery demand seeking irrelevant information may be denied.

Cavounis v. Azour · filed 2023-07-05(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." ... Here, the Supreme Court providently exercised its discretion in denying that branch of Shiponi's motion which was pursuant to CPLR 3124 to compel the plaintiff to comply with the notice for discovery and inspection dated December 19, 2019, as that discovery demand sought information that was not relevant to the issues in this action ( see id. ).

Section 3101(a) requires disclosure of records material and necessary to the issues raised in the pleadings.

Sylvester v. Sanders · filed 2023-07-28(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." ... We agree with plaintiff that the requested records are material and necessary to the issues raised in plaintiff's pleadings ( see Garcia , 210 AD3d at 1485).

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

West 87 LP v. Paul Hastings LLP · filed 2023-08-04

CPLR 3101 requires full disclosure of all matter material and necessary in the prosecution or defense of an action.

CPLR 3101(a) permits disclosure of material and necessary information, but a court may deny requests that are not reasonably likely to yield relevant evidence.

Sereda v. A.J. Richard & Sons, Inc. · filed 2023-09-20(a)

"Disclosure in civil actions is generally governed by CPLR 3101(a), which provides that '[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action'" ( Abedin v Osorio , 188 AD3d 764, 766, quoting CPLR 3101[a]). ... Under the circumstances of this case, the defendants failed to demonstrate that the discovery sought was reasonably likely to yield relevant evidence regarding the severity of the alleged injuries suffered by the plaintiff ( see Forman v Henkin , 30 NY3d at 665; cf. Gentile v Ogden , 208 AD3d at 857; Abedin v Osorio , 188 AD3d at 766-767).

Section 3101 requires a party seeking to compel disclosure to identify how the requested information is relevant to the action.

Board of Mgrs. of the Residential Section of Galleria Condominium v. Hong · filed 2023-11-09

Finally, the motion court providently denied defendant's motion to compel production of plaintiff's annual reports without prejudice, as defendant had not identified how such information is relevant to this lien foreclosure action ( see CPLR 3101).

Section 3101(a) permits disclosure of information that could be useful as evidence-in-chief, in rebuttal or for cross-examination.

McNierney v. Archdiocese of N.Y. · filed 2023-11-16(a)

Plaintiff demonstrated that the information sought could be useful as evidence-in-chief, in rebuttal or for cross-examination ( see generally CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co ., 21 NY2d 403, 406 [1986]).

Section 3101(a) permits disclosure of matter material and necessary to an action, and subpoenas may be limited to the relevant period.

Kopelevich & Feldsherova, P.C. v. Geller Law Group, P.C. · filed 2023-12-27(a)

Rather, based on the language of the agreement and the parties' submissions at this stage of the proceedings, the subpoenas should be limited to actions commenced between April 1, 2012, [*3]and August 16, 2014 ( see CPLR 3101[a]; Morrow v Gallagher , 163 AD3d 804, 805).

Section 3101(a) requires disclosure of material and necessary matters, but does not entitle a party to unlimited disclosure.

Roe v. Roman Catholic Archdiocese of N.Y. · filed 2024-02-07(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." However, "'[a] party is not entitled to unlimited, uncontrolled, unfettered disclosure'" ( C. B. v New York City Tr. Auth. , 219 AD3d 1397, [*2]1398, quoting Geffner v Mercy Med. Ctr. , 83 AD3d 998, 998; see Fox v Roman Catholic Archdiocese of N.Y. , 202 AD3d 1061, 1062). ... Because the discovery demand is palpably improper, the Supreme Court should have granted the Archdiocese's motion and struck the discovery demand in its entirety, rather than directing the Archdiocese to produce the demanded documents to the court for an in camera inspection to determine relevancy and privilege ( see Fox v Roman Catholic Archdiocese of N.Y. , 202 AD3d at 1063; cf. McNierney v Archdiocese of N.Y. , 221 AD3d 489).

CPLR 3101(a) requires full disclosure of material and necessary matters, including requested facts that bear on the controversy and assist trial preparation.

De L'ero v. Nelson, Robinson Á El Ashmway PPLC · filed 2024-02-20(a)

Furthermore, CPLR 3101(a) provides that “there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action” and this language is “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.”

Section 3101(a) requires disclosure of material and necessary matter, but does not entitle a party to overbroad or burdensome discovery.

Ferrara v. Longwood Cent. Sch. Dist. · filed 2024-03-13(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." However, "'[a] party is not entitled to unlimited, uncontrolled, unfettered disclosure'" ( C.B. v New York City Tr. Auth. , 219 AD3d 1397, 1398, quoting Geffner v Mercy Med. Ctr. , 83 AD3d 998, 998; see Fox v Roman Catholic Archdiocese of N.Y. , 202 AD3d 1061, 1062). ... Here, many of the plaintiff's discovery demands were palpably improper in that they were overbroad and burdensome ( see Star Auto Sales of Queens, LLC v Filardo , 216 AD3d 839, 840; Fox v Roman Catholic Archdiocese of N.Y. , 202 AD3d at 1062; Lombardi v Lombardi , 190 AD3d at 964).

Section 3101(a) requires disclosure of material and necessary records, including repair records from before an accident, but does not require disclosure of subsequent repairs when maintenance and control are not at issue.

C.B. v. New York City Tr. Auth. · filed 2023-09-20(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." ... The plaintiffs demonstrated that those documents were material and necessary to the prosecution of this action, and the defendant failed to demonstrate that a protective order was warranted with respect to those documents ( see Jones v LeFrance Leasing L.P. , 81 AD3d 900, 903; Hualde v Otis El. Co. , 235 AD2d 269, 270; see also CPLR 3103[a]; Yoshida v Hsueh-Chih Chin , 111 AD3d 704, 706).

Section 3101(a) requires disclosure of material and necessary information; after a court grants leave for disclosure in a special proceeding, that standard governs its scope.

Matter of Giuliana M. (DeCarolis) · filed 2023-10-18(a)

When leave of court is granted, disclosure takes place in accordance with CPLR 3101(a), which generally provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action" ( see Matter of Town of Pleasant Val. v New York State Bd. of Real Prop. Servs , 253 AD2d at 15). ... Here, Oppedisano demonstrated that the requested disclosure was material and necessary to establishing his objections that the guardian's final account was inaccurate and/or incomplete and that the guardian breached his fiduciary duties and should be denied fees and/or surcharged, and there was no contravening demonstration that the proposed discovery would be prejudicial or unduly burdensome, would violate confidentiality, or would unduly delay the case.

CPLR 3101's material-and-necessary standard determines whether a plaintiff's refusal to answer examination questions supports dismissal.

Small v. DMRJ Group LLC · filed 2023-11-02

The only inquiry in reviewing a dismissal made pursuant to this inherent power is whether the questions that the plaintiff refused to answer were material and necessary to the defendant's defense ( see CPLR 3101; see e.g. Batista v City of New York , 15 AD3d 304, 306 [1st Dept 2005]).

Section 3101(a) permits a court to deny discovery that is not material and necessary to prosecuting the action.

Harrington v. New York City Tr. Auth. · filed 2024-01-24(a)

Accordingly, the requested discovery regarding the fare box was not material and necessary to the prosecution of the action, and the Supreme Court providently exercised its discretion in denying the plaintiff's motion to compel such discovery ( see State Farm Mut. Auto. Ins. Co. v RLC Med., P.C. , 150 AD3d 1034, 1035).

Section 3101(a) requires disclosure of material and necessary information, including discovery responses from related litigation that concern a central disputed issue.

Riverside Ctr. Site 5 Owner LLC v. Lexington Ins. Co. · filed 2024-02-09(a)

And, since those demands, at least in part, “go to the crux of the parties’ dispute” here, they are material and necessary. CPLR 3101(a) provides that “there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action” and that this language is “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.”

Section 3101(a) does not require disclosure of decades-old school records that would not help determine a claimant’s condition before an accident.

Jordan v. BBP St Owner, LLC · filed 2024-03-19(a)

CPLR §3101(a) broadly mandates disclosure of all matter material and necessary in the prosecution or defense of an action. ... The same are not necessary, or reflective, to determine Plaintiff’s premorbid condition.

CPLR 3101(a)(1) does not require disclosure of documents concerning a wage claimant’s use of a fraudulent social security card elsewhere when they are neither relevant nor necessary to the employer’s defense.

Espinoza v. A S K Std. Tr. Corp. · filed 2024-04-23(a)(1)

Similarly, the motion court properly denied defendant's motion to compel discovery related to plaintiff's admitted use of the fraudulent social security card with other employers, telephone companies, banks, and social media accounts. These documents are neither relevant nor necessary to its defense in this action ( see CPLR 3101[a][1]; Foster v Snow , 221 AD3d 405 [1st Dept 2023]).

Section 3101(a) requires disclosure of relevant, material information, including records that may identify relevant evidence; broad financial disclosure may be appropriate when more specific records do not exist.

Penfield Place, LLC v. Dwyer Architectural, LLC · filed 2024-04-25(a)

However, the standard is not sufficiency of the production; instead, the CPLR mandates the production of all information that is relevant and material, or that may identify relevant and material evidence. As the plaintiffs concede that they do not have financial records which specifically delineate the costs of operating the new addition and the revenue from the new addition, broad discovery on the plaintiffs' operating costs and revenue in the facility should be allowed.

Section 3101(a) requires disclosure of material information related to the operative complaint; a party cannot limit its responses to the scope of notices of default.

Accor Mgt. US Inc. v. M&C N.Y. (Times Sq.) LLC · filed 2024-07-12(a)

Responses must be provided that are responsive to the allegations of M&C's First Amended Complaint as they pertain to the property at issue. Responses limited to the scope of any notices of default are improper.

Section 3101(a) excludes information that has no bearing on the claims in the action.

D'Alessandro v. Kushner · filed 2024-07-12(a)

Nevertheless, whether or not these emails were indeed, as plaintiffs assert, part of a "ruse concocted by [d]efendants to unfairly delay this litigation" (plaintiffs' brief in support at 2), the information would have no bearing on the claims brought in this action and are thus outside the scope of CPLR 3101 (a).

CPLR 3101 requires full disclosure of matters material and necessary to prosecuting or defending an action.

Dragons 516 Ltd. v. GDC 138 E 50 LLC · filed 2024-07-16

CPLR 3101 requires full disclosure of all matter material and necessary in the prosecution or defense of an action.

Section 3101(a) requires disclosure of material and necessary matter, with the need for discovery weighed against the responding party’s burden.

People v. Austin · filed 2024-07-23(a)

When resolving a discovery dispute, competing interests must always be balanced, and the need for discovery must be weighed against any special burden to be borne by the opposing party (CPLR §§ 3101, 3103(a); Forman v. Henkin , 30 NY3d 656, 664 [2018]). Here, it is this court's view that Mordente has adequately and sufficiently complied with his discovery obligations to date.

Section 3101 permits disclosure of records material and necessary to a party's defense.

New York City Tr. Auth. v. Progressive Ins. Co. · filed 2024-04-01

Accordingly, this Court finds that Transit has shown that the materials sought are material and necessary to TRANSIT's defense in the underlying personal injury action and that PROGRESSIVE is compelled to tum over the records within 45 days from the date of entry of this Order (see CPLR 3101; CPLR 3124; CPLR 2308; Kapon, 23 NY3d 32 11 NE3d 709 ; State ex rel. Murray, 134 AD3d 451).

Section 3101(a)(1) does not require disclosure of permits or notices of violation unrelated to the accident location because they are not material and necessary to the action.

Levin v. City of New York · filed 2024-04-10(a)(1)

As the permits or notices of violation are not relevant as they do not relate to the location of the accident, Plaintiffs’ have failed to show that their disclosure is “material and necessary” to the prosecution of this action.

Section 3101 permits disclosure of material and necessary evidence, including relevant facts that help clarify the dispute.

Matter of Scott-Heron · filed 2024-04-12

Disclosure should be permitted for all evidence 'material and necessary' to the prosecution or defense of an action (CPLR 3101 ). What constitutes 'material and necessary' should be construed liberally to require disclosure of any facts bearing on the controversy which assist by ... sharpening the issues and reducing delay.

Section 3101(a) requires disclosure of information material and necessary to the claims, but an interrogatory reaching beyond the relevant period may be overly broad and unduly burdensome.

Lurie v. Lurie · filed 2024-04-24(a)

Here, the plaintiffs demonstrated that the defendants failed to substantively respond to the plaintiffs' second set of interrogatories to Abraham Lurie and third set of interrogatories and that most of the discovery sought therein was "material and necessary" to the prosecution of the action (CPLR 3101[a]). ... However, since the allegations in the complaint expressly limit the time period in which those gifts were purportedly given, the interrogatory for information identifying any gifts, transfers, devises, and/or bequests made by Abraham Lurie to those family members from January 1, 1998, through the present is overly broad and unduly burdensome.

Section 3101(a) requires a party seeking additional testing to establish that it is material and necessary to the action.

Roche v. Precision Shooting Equip., Inc. · filed 2024-05-03(a)

Even assuming, arguendo, that the additional testing proposed by PSE is non-destructive, we conclude that PSE failed to establish in the first instance that the additional testing is "material and necessary" to its defense of the action (CPLR 3101 [a]; see Constantiner v Sovereign Apts., Inc. , 126 AD3d 532, 532 [1st Dept 2015]; see generally Forman v Henkin , 30 NY3d 656, 661 [2018]).

Section 3101(a) requires a party seeking to compel disclosure to identify the outstanding demands and explain why the requested information is relevant.

Yang v. Hall · filed 2024-05-28(a)

In the moving papers, plaintiff should have included copies of the demands, specified what was still outstanding and explained why the information sought was relevant.

CPLR 3101(a) requires a party seeking disclosure to show that the requested discovery would yield material and necessary information for prosecuting the action.

Espinoza v. Tejeda · filed 2024-06-05(a)

Under the circumstances of this case, where the accident occurred on the exterior of the premises and the defendants have not asserted an affirmative defense to the plaintiff's Labor Law §§ 240(1) and 241(6) causes of action based on the homeowners' exemptions contained in those statutes, the plaintiff failed to establish that access to the interior of the premises would yield matter "material and necessary" to the prosecution of the action (CPLR 3101[a]; see Wadolowski v Cohen , 99 AD3d 793; see also 101CO, LLC v Sand Land Corp. , 189 AD3d 942).

Section 3101(a) does not require disclosure of documents that are neither material nor necessary to a claim the plaintiff is pursuing.

Ferrer v. Go N.Y. Tours Inc. · filed 2024-06-11(a)

As to Tours' discovery demands, we find that the court providently exercised its discretion in denying Tours' motion to compel production of documents from plaintiff and in quashing the subpoena served on his wife. The requested documents were neither material nor necessary (CPLR 3101[a]). Plaintiff has represented that he will forgo any claim for diminished enjoyment of life, and the court precluded him from seeking that relief. The requested documents all relate to that claim, and, in any event, the requests are overbroad and not tailored to obtain relevant material.

Section 3101(a) does not require disclosure of broad financial records unless the requests are reasonably calculated to yield information relevant to the issues in the case.

Cooke v. Greenhouse Hudson, LLC · filed 2024-08-01(a)

As plaintiff failed to establish how her broad requests for financial records for the entire business and for the Mojos' personal records were reasonably calculated to yield information relevant to defend against the limited tortious interference counterclaim, Supreme Court did not abuse its broad discretion in denying plaintiff's motion to compel their disclosure ( see Saratoga Harness Racing v Roemer , 274 AD2d 887, 889 [3d Dept 2000]; compare Div-Com, Inc. v Tousignant , 116 AD3d at 1118-1120).

Section 3101(a) permits disclosure of information reasonably calculated to lead to admissible evidence about an institution's knowledge of alleged child abuse and its response.

H.M. v. Roman Catholic Diocese of Brooklyn · filed 2024-08-12(a)

The discovery rules promote broad "disclosure of all matter material and necessary to the prosecution or defense of an action" (CPLR 3101 [a]). ... This information is discoverable because it is reasonably calculated to lead to the discovery of admissible evidence, including whether the institution was on notice of the danger of child sex abuse by one of its clergy, whether it acted reasonably to protect children from being sexually abused.

Section 3101 permits disclosure of documents material and necessary to prosecuting an action.

Big Mozz, Inc. v. Bric Arts Media Bklyn, Inc. · filed 2024-08-20

Plaintiff has established that the documents sought in Category nos. 1 through 6 and 11 above are “material and necessary in the prosecution … of [this] action” (CPLR 3101).

Section 3101 requires disclosure of material and necessary information; courts may deny requests that are overbroad and minimally relevant.

YH Lex Estates, LLC v. HFZ Capital Group LLC · filed 2024-09-09

CPLR § 3101 requires “full disclosure of all matter material and necessary in the prosecution or defense of an action.” ... The Court fails to see why Harlap’s actions or lack of action with respect to the OHL UCC sale are relevant to Lender Respondents’ claims and/or laches, estoppel, and ratification defenses.

Section 3101(a) requires disclosure of material and necessary information but does not entitle a party to identify the holders of personal assets at this stage of litigation.

Ambase Corp. v. 111 W. 57th Sponsor LLC · filed 2024-09-11(a)

The CPLR requires disclosure of "all matter material and necessary in the prosecution or defense of an action." (CPLR 3101 [a]). ... Further, Plaintiffs are not entitled to discovery regarding the holder of personal assets at this stage of the litigation. This request is denied.

Section 3101(a) requires disclosure of material and necessary documents, including responsive documents in a custodian's personal accounts; information outside the relevant period may be redacted.

Latin Mkts. Brazil, LLC v. McArdle · filed 2024-09-27(a)

NOW, THEREFORE, upon review of the parties' joint correspondence, and in [*2]consideration of the liberal standard set forth by CPLR 3101 (a), which requires "full disclosure of all matter material and necessary in the prosecution or defense of an action" ... it is hereby ORDERED that, on or before October 4, 2024, defendants shall provide the document the parties refer to as the "Titan Doc" with information for the period up to December 31, 2021, and defendants may redact the remainder of the information ... and it is further ORDERED that, on or before October 4, 2024, plaintiff shall produce a response producing all non-privileged documents, within plaintiff's possession, custody and control, responsive to defendants' requests numbered 14, 15, 56, 78, and 79, including those located in the personal Gmail and Google Drive accounts of John Zajas, ... and it is further ORDERED that the parties appear for a status conference via Microsoft TEAMS on October 8, 2024 at 11:00 a.m.

Section 3101 permits disclosure of material relevant to a claim or defense; discovery demands tied to the alleged events and issues are within its scope.

Putien New Power Intl. Trade Co., Ltd. v. Esquire Footwear Brands, LLC · filed 2024-10-03

Taking the requisite liberal approach to discovery, and considering the causes of action before the court, it appears these demands are appropriate.

Section 3101(a) requires disclosure of material and necessary information, including records reasonably calculated to bear on a party’s claims or defenses.

Bagatelle Little W. 12th LLC v. JEC II, LLC · filed 2024-10-21(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." ... To the extent that such claims and affirmative defenses assert a failure of counterclaimants to properly provide accounting services, the documents requested by BLW12 are reasonably calculated and sought in good faith.

Section 3101(a) favors broad disclosure of material and necessary information, but overly broad demands seeking irrelevant material must be narrowed.

Sawyer v. 1120 Fifth Ave. Corp. · filed 2024-10-21(a)

Here, the subpoenas are not "utterly irrelevant to any proper inquiry," however, they do seek certain documents and communications that may be privileged or are irrelevant, and they are overly broad in scope (NYSCEF Doc Nos 227-228 [demanding, e.g., "Documents and Communications that You previously provided to Kaufman Relating to this Action" and "Communications ... Relating to the Building, the Board, this Action and/or the SDNY Action"]).

Section 3101 permits discovery of personnel records concerning alleged abuse, including records of later incidents, when they are relevant to a negligent supervision claim.

A.O. v. Diocese of Brooklyn · filed 2024-10-23

As this motion only addresses the issue of discovery and not admissibility, all records relating to alleged incidents of abuse are discoverable.

Section 3101 permits disclosure of incident reports and contemporaneous notes reasonably calculated to yield relevant evidence, but does not require disclosure for speculative or overly broad demands.

Stevens v. New York City Tr. Auth. · filed 2024-12-04

CPLR 3101 states that there "shall be full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Here, based on McLeod's deposition testimony, plaintiff established that a "train trouble report" and any contemporaneous notes personally made by a road car inspector and a train trouble supervisor who reported to the scene on May 18, 2014 are reasonably calculated to lead to admissible evidence about plaintiff's fall from the operating car.

Section 3101(a) permits disclosure of personnel, labor relations, and training records that the court finds relevant to the claim after in camera review.

Boyd v. State of New York · filed 2024-08-08(a)

However, "[w]hile 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' under CPLR 3101 (a)" ( Mora v RGB, Inc ., 17 AD3d 849, 851 [3d Dept 2005]). ... Now, after a careful in camera review of said documents, and applying the aforementioned legal principles, the Court finds that pages Bates stamped as follows: ... contain information that is relevant to this Claim.

Section 3101 does not require a nonparty deposition when the proposed testimony is immaterial and irrelevant to the dispute.

Travelers Cas. & Sur. Co. v. Vale Ltd. · filed 2024-09-09

CPLR § 3101 "requires full disclosure of all matter material and necessary in the prosecution or defense of an action." ... Thus, extrinsic evidence of Mr. Hager's proposed testimony, who retired over 30 years ago and has no present memory of these Policies written over 50 years ago, is simply immaterial and irrelevant. As such, the motion is denied.

Section 3101(a) permits discovery of prior offers and valuations relevant to a disputed asset valuation, regardless of whether the evidence will be admissible at trial.

Hunnewell Partners (BVI) Ltd. v. Deloitte Transactions & Bus. Analytics LLP · filed 2024-09-12(a)

The court at this juncture is not concerned with the ultimate admissibility of the evidence at trial, but with the discovery of information, which at this juncture, under CPLR 3101(a), is liberally construed ( In re Steam Pipe Explosion at 41st St. , 127 AD3d at 555). Deloitte's request for a full disclosure of information relating to any prior offer, responses, and valuations of the assets is granted, with limitation as to scope.

Section 3101(a) permits discovery of settlement information that bears on the handling of properties at issue in an action.

Matter of Arad 2 LLC v. Hamo · filed 2024-09-12(a)

To the extent that information exists, which speaks to the handling of properties owned by companies that are the subject of this suit, such information is discoverable.

Section 3101(a) permits disclosure of a mediation statement that may bear on causation and damages.

Prospect Capital Corp. v. Morgan Lewis & Bockius LLP · filed 2024-09-19(a)

Under CPLR 3101(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 by a party" (CPLR 3101 [a] [I]). ... The mediation statement is relevant.

Section 3101(a)(1) requires disclosure of information material and necessary to a party's defenses and counterclaims when the demands seek it in good faith.

Gulf Harbour Invs. Corp. v. Foox · filed 2024-09-30(a)(1)

The defendant's demands are found to have been made in good faith, seeking discoverable information that is material and necessary to the defense of the action and prosecution of FOOX's counterclaims.

Section 3101(a) permits disclosure of systemwide gap-related records from the three years before an accident when they may provide information about the defendants' notice of the alleged danger and their duty to the plaintiff.

Chacon v. New York City Tr. Auth. · filed 2024-10-23(a)

Upon reargument, the Supreme Court providently exercised its discretion in, in effect, granting the subject branch of the plaintiff's prior motion to the extent of directing the defendants to produce documents related to all gap-related studies, reports, accidents, and/or injuries occurring anywhere within the New York City subway system for three years prior to the date of the accident. The plaintiff established that access to these documents may yield information material and necessary to the prosecution of the action, including information related to the defendants' notice of the alleged dangerous condition that caused her accident and their duty to the plaintiff ( see Lau v New York City Tr. Auth. , 201 AD3d 470).

Section 3101 permits disclosure of corporate records relevant to the value of a trust’s interest and beneficiary distributions, even when the trustee says the trust was never funded.

Matter of Skoutelas (Budis) · filed 2024-11-08

To obtain disclosure pursuant to CPLR 3101 all that is required is that demanded items be "material and necessary" to the prosecution or defense of a claim ( see Kapon v Koch, 23 NY3d 32 [2014]). ... Whether "funded" or not, and without regard to the apportionment of responsibility for any failure in this regard, information reasonably necessary to determine the value of the trust's corpus and the distributions to which the beneficiaries are entitled are plainly relevant in a trustee's accounting. ... Consequently, disclosure of documents pertaining to the corporation, its holdings, finances, operation, and value are plainly relevant and thus discoverable.

Section 3101(a) allows disclosure of matter material and necessary to a claim or defense; the party seeking it must show the requested discovery meets that standard.

Adler v. Oxford Health Plans (NY), Inc. · filed 2024-11-13(a)

"CPLR 3101(a) directs that generally, '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'" ( Strauss v Valkenburg , 227 AD3d 1118, 1118-1119 [alterations omitted], quoting Forman v Henkin , 30 NY3d 656, 661). ... Here, the Supreme Court providently exercised its discretion when it determined that the plaintiff failed to demonstrate that the requested [*2]discovery was material and necessary ( see 101CO, LLC v Sand Land Corp. , 189 AD3d 942, 944; Crazytown Furniture v Brooklyn Union Gas Co. , 150 AD2d 420, 421).

Section 3101(a) permits disclosure through an orthopedic examination when alleged severe and permanent injuries make the examination relevant to the defense.

Louis v. Hudson 36 LLC · filed 2024-11-26(a)

As plaintiff alleges severe and permanent injuries and an IME of those injuries is obviously relevant to the defense of this action.

Section 3101(a) requires disclosure of requested records reasonably calculated to yield evidence relevant to a claim.

Smith-Percival v. MTA Bus Co. · filed 2024-11-27(a)

Thus, the plaintiff sufficiently asserted that the production of the GPS records and bus route documents may result in the disclosure of relevant evidence and is reasonably calculated to lead to the discovery of information bearing on the plaintiff's claim ( see Pulgarin v Richmond , 219 AD3d 1356, 1358; D'Alessandro v Nassau Health Care Corp. , 137 AD3d 1195, 1196-1197).

Section 3101(a) does not require a site inspection when it cannot yield matter material and necessary to prosecuting the action.

Pollack v. New York City Tr. Auth. · filed 2024-12-17(a)

Accordingly, there is no other "matter material and necessary [to her] prosecution . . . of [this] action" (CPLR 3101[a]) that she could hope to gain from a site inspection of defendant's video surveillance facilities.

Section 3101(a) permits disclosure of records and authorizations material and necessary to claims for lost earnings and driving eligibility.

Alhanafi v. City of New York · filed 2025-02-03(a)

The scope of discovery in New York is broad, allowing for “full disclosure of all matter material and necessary in the prosecution or defense of an action” (CPLR § 3101[a]). ... Considering these factors, the court finds that while Plaintiff has provided certain discovery responses, they remain inadequate in addressing the key issues raised by Defendants—particularly the employment authorizations and related documents essential to substantiating Plaintiff’s claims for lost income and her driving eligibility at the time of the incident.

Section 3101 covers lien letters needed to settle a case or enter a final judgment.

Ortiz v. Montefiore Med. Ctr. · filed 2025-02-04

Although discovery is generally understood to focus on the trial, the requested lien letters are valid discovery material as they are necessary not only to settle the matter but also for entry of a final judgment ( see CPLR 3101 ; Torres v Visto Realty Corp. , 127 AD3d 545 [1st Dept 2015]).

Section 3101(a) requires disclosure of material and necessary information, including documents that may show whether a defect existed before excavation work.

Perrone v. Suez Water Assoc., Inc. · filed 2025-02-20(a)

CPLR 3101(a) mandates full disclosure of matters "material and necessary in the prosecution or defense of an action" ( Matter of Kapon v Koch , 23 NY3d 32, 37 [2014]). The documents sought are plainly relevant in that they may serve to establish whether the defect that caused plaintiff's injury existed prior to defendants' excavation work.

Section 3101(a) permits disclosure of other alleged victims’ identifying information when contacting them could lead to relevant evidence about the accused priest and the Archdiocese’s knowledge and conduct.

J.L. v. Archdiocese of N.Y. · filed 2025-03-25(a)

The motion court providently exercised its discretion in denying the Archdiocese's motion to preclude and directing the disclosure of the names and identifying information of other alleged victims of abuse by the same priest accused by plaintiff ( see McNierney v Archdiocese of New York , 221 AD3d 489 [1st Dept 2023]; see generally CPLR 3101[a]). As the motion court found, contacting the priest's other alleged victims could lead to discovery of relevant and admissible evidence, including whether the Archdiocese was aware of the danger the priest posed, whether the priest engaged in patterns of abuse, and whether the Archdiocese acted reasonably to protect children from being sexually abused.

Section 3101 requires disclosure of material and necessary matters, but does not permit unlimited discovery.

Matter of Andrews · filed 2025-03-31

The statutory mandate that all matters "material and necessary" which bear on the controversy be disclosed (CPLR §3101) is construed liberally; however, a party is not entitled to "unlimited, uncontrolled, unfettered disclosure" ( State Farm Mut. Auto. Ins. Co. v RLC Med., P.C. , 150 AD3d 1034 [2d Dept 2017] [internal quotations marks and citations omitted]; Matter of Eckert , 60 Misc 3d 1007 [Sur Ct, Queens County 2018] [court has broad power to regulate discovery]).

Section 3101(a) supports review of relevant discovery material when objections that disclosure is improper, privileged, or confidential are conclusory.

Roswell v. County of Suffolk · filed 2025-04-02(a)

Moreover, the defendants' conclusory assertions that disclosure of the civilian complaints lodged against Corrigan would be palpably improper or that such documents were privileged and confidential did not outweigh the plaintiff's interest in disclosure of material that was relevant to the plaintiff's action ( see CPLR 3101[a]; Estate of Gilbert v Hackett , 183 AD3d 654, 656).

Section 3101(a) permits depositions of additional witnesses likely to have material and necessary information when the representatives already deposed lack sufficient knowledge.

Steinberg v. Bais Yaakov Council, Inc. · filed 2025-04-23(a)

The plaintiffs demonstrated that the representatives already produced by the defendants for depositions did not have sufficient knowledge about the incident giving rise to the complaint ( see Grandelli v Hope St. Holdings, LLC , 185 AD3d at 555; Giordano v New Rochelle Mun. Hous. Auth. , 84 AD3d 729). Moreover, the plaintiffs established that there is a substantial likelihood that Pernikoff and Newhause may possess information that is material and necessary on the issues of how the incident occurred and the cause of the alleged injuries ( see Grandelli v Hope St. Holdings, LLC , 185 AD3d at 555; Monti v Shaw , 183 AD3d 722, 723; Giordano v New Rochelle Mun. Hous. Auth. , 84 AD3d 729).

Section 3101(a) requires disclosure of material and necessary information related to an affirmative defense of qualified immunity.

Ortega v. New York City Tr. Auth. · filed 2025-04-30(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" ( Ferrara v Longwood Cent. Sch. Dist. , 225 AD3d 671, 673 [internal quotation marks omitted]). ... The court providently exercised its discretion in compelling the defendants to produce outstanding discovery related to the affirmative defense of qualified immunity.

CPLR 3101(a) requires disclosure of testimony that is material and necessary to prosecute or defend an action.

Offshore Exploration & Prod., LLC v. De Jong Capital, LLC · filed 2025-05-07(a)

The court is satisfied that the testimony of [*2]Mariella de Jong is "material," within the scope of CPLR 3101(a), and "necessary" under CPLR 3108.

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

Matter of Reinbold · filed 2025-01-17(a)

The standard for evaluating such motion is whether the sought after discovery is "material and necessary" to the prosecution or defense of an action (see CPLR 3101[a]). ... Under these circumstances and given that discovery sought appears to be reasonably calculated to obtain information that is "material and necessary" to the prosecution of Petitioner's claim, Petitioner's unopposed motion to compel is granted to the extent that Respondent is directed to respond to Petitioner's First Set of Interrogatories and Demand for Documents and produce the requested documents and information within twenty days of the date that this Decision and Order is served upon his counsel, with Notice of Entry.

Section 3101(a) requires disclosure to be material and necessary; a delay in seeking it can show that it is not necessary to establish a defense.

Arlus Owner LLC v. 829 Mad. Ave. LLC · filed 2025-01-28(a)

Even if the discovery sought is arguably material, the delay in seeking it indicates that it was not necessary to establish any defense.

When a plaintiff puts her psychological condition in controversy by claiming emotional and psychological injuries, information about other sources of stress in her life is material and necessary to the issue of damages.

Ayres v. Bloomberg, L.P. · filed 2025-02-13(a)

Here, because the plaintiff affirmatively placed her entire psychological condition in controversy through her allegations of emotional and psychological injuries, the nature and severity of the other sources of stress in her life are matters material and necessary to the issue of damages ( see Hogdahl v LCOR 55 Bank St., LLC , 219 AD3d 1317, 1319; Greco v Wellington Leasing, L.P. , 144 AD3d 981, 982).

Section 3101(a) permits limiting deposition topics that are not sufficiently tailored to seek information material and necessary to the prosecution or defense of the action.

Scott v. Kosova Props. Inc. · filed 2025-02-25(a)

Supreme Court providently exercised its discretion in granting defendants' motion under CPLR 3103 for a protective order limiting the scope of the depositions and precluding questions pertaining to the topics set forth in numbers 8, 10, 11, and 13 of the notice because either the information sought is subject to the attorney-client privilege, or the topic is not sufficiently tailored to seek information material and necessary to the prosecution or defense of this action (CPLR 3101[a]).

Section 3101(a) requires requests for admission, like other discovery, to concern matters material and necessary to prosecuting or defending the proceeding.

Estate of Sandler · filed 2025-02-28(a)

As with all discovery, the requests must also seek admissions regarding matters that are "material and necessary in the prosecution or defense" of the proceeding (CPLR 3101[a]; Kashelkar v Dave, 31 AD3d 341,341 [1st Dept 2006] [affirming protective order which vacated plaintiffs notice to admit where the information sought was unrelated to claims]). ... For instance, more than half of Boyarsky's requests seek admissions regarding matters that are irrelevant to the issues raised in this turnover proceeding.

Section 3101(a)'s material and necessary standard does not require disclosure of documents unrelated to the accuracy of a trust accounting.

Matter of Clifford · filed 2025-03-06(a)

Again, it can be inferred - and the court would so find now, nunc pro tunc as it were - that all other requests for documents were deemed not pertinent to the issue of the accuracy of the accounting, i.e., not "material and necessary" (CPLR 3101 [a]); Skoutelas as Tr. of Scoufaras Tr. , 84 Misc 3d 1224[A] [Sur Ct, Queens County 2024]), and not pertinent to some " . . . specific act of wrongdoing which has resulted in identified damage to some individual asset" ( Matter of Clifford , 83 Misc 3d 973, 976 [Sur Ct 2024], quoting Matter of Pratt , 172 Misc 756, 757-58 [Sur Ct, Kings County 1939]).

Section 3101(a) permits disclosure of a nonparty patient’s medical records with identifying information redacted when the records are material and necessary to establish the defendant’s notice.

Martin v. Kaleida Health · filed 2025-03-21(a)

Here, plaintiffs established that the nonparty patient's hospital records would show when defendant, its agents, servants and employees became aware that the patient had tested positive for COVID-19 and that such information is material and necessary to establish whether defendant had notice that it was placing plaintiff in the same room as a person who had COVID-19 ( see generally Seaman , 25 AD3d at 597). We therefore conclude that Supreme Court erred in granting that part of defendant's cross-motion seeking a protective order and in denying plaintiffs' motion to compel production of the nonparty patient's hospital records with patient name and other patient identifying information redacted.

CPLR 3101(a) requires disclosure of information about equipment used in a patient's care when it is material and necessary to a negligence claim arising from the patient's falls.

Dailey v. VRNC, LLC · filed 2025-03-21(a)

Those requests are clearly connected to the claims of negligence ... related to her falls and the information is material and necessary to the case, and reasonably related to the prosecution of her case.

Section 3101(a) requires disclosure of a dog's records when they are material and necessary to a dog-bite claim, including records created after the action began.

Scala v. Lopez · filed 2025-05-07(a)

Here, the Court initially finds that the dog's full and complete records, including any potentially existing records which were created post-commencement of this lawsuit and those from the boarding facility prior to the dog bite, are "material and necessary" to the prosecution of plaintiff's action (CPLR 3101 [a]).

Section 3101(a) requires disclosure of matter material and necessary to prosecuting or defending an action; a request with no connection to the claims falls outside that scope.

Morelli Law Firm, PLLC v. Perez · filed 2025-05-20(a)

CPLR § 3101(a) directs 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” (Forman v Henkin, 30 NY3d 656, 661 [2018]). ... Mr. Perez has not drawn any connection between these alleged communications and the issue in this matter: whether Mr. Perez agreed to a 10% appellate attorney fee. Accordingly, Demand ¶¶ 19 and 24 do not seek material necessary to the prosecution or defense of the claim and counterclaim here, and are therefore improper.

Section 3101(a) permits disclosure of similar transactions when they may illuminate the parties’ course of dealing and the request is not unduly burdensome.

Clifton Country Rd. Assoc. LLC v. Malta Land II B LLC · filed 2025-03-03(a)

CPLR 3 101 requires "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR 3101 [a]). ... Here, several factors justify compelling the disclosure of this information.

CPLR 3101(a) permits discovery of documents bearing on a defense that factors other than the alleged defamation caused claimed lost profits.

Smartmatic USA Corp. v. Fox Corp. · filed 2025-05-13(a)

Under New York's liberal discovery standard set forth in CPLR 3101(a), pretrial disclosure is warranted when the requesting party can show that the "discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the [defense]" ( SNI/SI Networks LLC v DIRECTV, LLC , 132 AD3d 616, 617 [1st Dept 2015] quoting Abrams v Pecile , 83 AD3d 527, 528 [1st Dept 2011]). Documents and communications relating to the reaction of plaintiffs' customers and employees to the criminal allegations and indictment meet this standard.

Section 3101(a) permits a court to deny disclosure sought to support a legal theory the requesting party is arguably estopped from asserting.

Trump v. Trump · filed 2025-05-20(a)

Generally speaking, and as applicable to discovery in every litigation, 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." ... However, to the extent that defendant bases a discovery request upon a legal theory she is arguably estopped from asserting, this court declines to order the production of said information at this time.

Section 3101 requires broad disclosure of relevant material and permits a court to require an affidavit detailing the search for requested documents when a party's response is inadequate.

Green v. Diocese of Brooklyn · filed 2025-06-04

Generally, "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action" by agents of a party to litigation (CPLR 3101; see Spectrum Sys. Intl. Corp. v Chemical Bank , 78 NY2d 371, 376; Lurie v Lurie , 226 AD3d 992, 994). ... Thus, the Supreme Court providently exercised its discretion in directing the defendants to provide an affidavit from a person with knowledge cataloging the past and present status of the relevant documents; where they were kept; what efforts, if any, were made to preserve them; the circumstances surrounding their disappearance or destruction; and the means and methods used to conduct a search for them ( see M.B. v St. Francis Preparatory Sch. , 219 AD3d at 1402; Donovan v City of New York , 239 AD2d at 461).

CPLR 3101(a) requires disclosure of documents material and relevant to a party's defense, including documents that may show a consultant's conflict of interest.

Terra Driggs, LLC v. Bernstein · filed 2025-06-06(a)

In this court's view, consistent with the liberal scope of New York's disclosure requirements, the 370 Loan documentation detailing BSD's financial obligation to plaintiff is material and relevant to defendants' defense, and must therefore be disclosed (CPLR 3101[a]).

Section 3101 requires disclosure of material and necessary information, including treatment records relevant to claimed mental and psychological harm.

Meikle v. Medcare, LLC · filed 2025-09-24

Generally, parties must disclose "all matter material and necessary in the prosecution or defense of an action" (CPLR 3101). ... The Supreme Court also providently exercised its discretion in compelling the plaintiff to provide authorizations for the release of records related to alcohol and drug treatment as well as mental health information since the plaintiff is seeking damages for "great mental/psychological harm" and mental, emotional, and psychological anguish ( cf. Froehlich v Kimco Realty Corp. , 207 AD3d 448, 449; Quinones v 9 E. 69th St., LLC , 132 AD3d 750, 751).

Section 3101(a) permits discovery of litigation funding materials when they may reveal a financial motive for fabricating an accident.

Lituma v. Liberty Coca-Cola Beverages LLC · filed 2025-11-20(a)

The court providently exercised its discretion in allowing defendants to seek materials related to the funding of plaintiffs' litigation. "Full disclosure is required of 'all matter material and necessary' to the defense of an action" ( Rivera v NYP Holdings Inc. , 63 AD3d 469, 469 [1st Dept 2009], quoting CPLR 3101 [a]). ... Defendants established that the demanded information is material and necessary by explaining that it could reveal a financial motive for fabricating the accident ( compare Smartmatic USA Corp. v Fox Corp. , 2023 NY Slip Op 30886[U], *4-5 [Sup Ct, NY County 2023], with Worldview Entertainment Holdings, Inc. v Woodrow , 204 AD3d 629, 629 [1st Dept 2022]).

Section 3101(a) requires disclosure of information material and necessary to the prosecution or defense of an action, including answers to relevant interrogatories.

RSD857 LLC v. Wright · filed 2025-06-06(a)

As for RSD857 and Petrokansky’s objections that the individual interrogatories are overly broad or burdensome, the information sought by RSD857 Interrogatories 3, 5, 6, 7, 8, 9 and 10, and Petrokansky Interrogatories 3, 5, 6, 7, 8, 9, 10, and 11 is material and necessary to the instant matter and RSD857 and Petrokansky are compelled to provide responses to the extent of their knowledge.

CPLR 3101(a) entitles parties to disclosure of matter material and necessary to prosecuting an action.

Grayson v. Brant Lake Camp, Inc. · filed 2025-07-02(a)

Here, the plaintiff demonstrated that discovery of the requested documents was material and necessary to the prosecution of this action ( see CPLR 3101[a]; Holloway v Orthodox Church in Am. , 232 AD3d at 774; Harmon v Diocese of Albany , 204 AD3d 1270; Melfe v Roman Catholic Diocese of Albany, N.Y. , 196 AD3d 811, 814-815).

Section 3101(a)(1) requires a discovery request to be reasonably calculated to yield material and necessary information.

Kruglov v. Copart of Conn., Inc., CT · filed 2025-07-03(a)(1)

"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], quoting CPLR 3101 [a] [1]; see Catlyn & Derzee, Inc. v Amedore Land [*2]Devs., LLC , 166 AD3d 1137, 1141 [3d Dept 2018]).

Section 3101(a) permits disclosure of communications material and necessary to the claims, but does not permit pre-judgment financial discovery sought for collection.

Ceratosaurus Invs., LLC v. B2C Alternative Equity, LLC · filed 2025-08-07(a)

Although plaintiffs are entitled to discovery of the communications surrounding and related to the contemplated Assignment of Claim and the Trade Confirmation as material and necessary to the claims in this case (CPLR § 3101 [a]; Matter of Kapon v Koch, 23 NY3d 32, 38 [2014]), the plaintiffs are not entitled to the financial information of B2C and Mr. Charnis because the plaintiffs are not entitled to what amounts to post-judgment collections discovery at this time.

Section 3101(a) permits a court to compel discovery that is material and necessary to the defense of an action.

Townhouse Off. Park Assoc., Inc. v. Townehouse Off. Park of Nanuet Condominium · filed 2025-09-10(a)

The Supreme Court also providently exercised its discretion in granting that branch of the defendants' cross-motion which was to compel the plaintiffs to respond to the defendants' discovery demands, since that discovery, including depositions, financial records, and documents indicating the type of work that the plaintiff allegedly performed, was material and necessary to the defense of the action, including the causes of action to recover damages for breach of contract and unjust enrichment ( see CPLR 3101[a]; Blue Diamond Fuel Oil Corp. v Lev Mgmt. Corp. , 103 AD3d 675, 676).

Section 3101(a) requires disclosure of records material and necessary to a comparative fault defense or the issue of causation when the privilege protecting those records has been waived.

Goines v. State of New York · filed 2025-09-17(a)

Thus, the records are likely to contain information directly relevant to the question whether and to what extent claimant's injuries were caused by his own illegal and culpable conduct. As defendant argues, such information would be material and necessary to its affirmative defense of comparative fault ( see Answer, ¶¶ 6, 13), as well as the element of causation.

Section 3101(a) requires a party seeking disclosure to show that the requested material is material and necessary to the action.

John v. New York City Tr. Auth. · filed 2025-10-01(a)

Further, the plaintiff failed to show that any alleged remaining portions of the training manuals would yield matter material and necessary to the prosecution or defense of the action ( see Rrengo v New York City Tr. Auth. , 204 AD3d at 1050; Tangalin v MTA Long Is. Bus , 92 AD3d at 767-768; see also 101CO, LLC v Sand Land Corp ., 189 AD3d at 944; cf . Gerardo v Breton , 212 AD3d 461, 462).

Section 3101(a) permits disclosure of clergy records material and necessary to a claim for negligent hiring, retention, or supervision.

H.M. v. Roman Catholic Diocese of Brooklyn · filed 2025-10-01(a)

Here, the Supreme Court providently exercised its discretion in directing the Diocese to produce the clergy file for in camera review, and, upon reviewing the file in camera, providently exercised its discretion in determining that the disputed items were material and necessary to the plaintiff's case ( see Matter of Metro-North Train Acc. of Feb. 3, 2015 , 178 AD3d 931, 934).

Section 3101(a) requires disclosure of material and necessary matter, but does not require an additional deposition when the requesting party fails to show that the proposed witness has unique, non-duplicative information material to the claims.

A.C. v. City of New York · filed 2025-11-06(a)

New York's disclosure scheme requires "full disclosure of all matter material and necessary in the prosecution or defense of an action" (CPLR § 3101[a]), but discovery is not unbounded. ... On this record, Plaintiffs have not demonstrated that the corporate witness produced— Donohue, a 21-year Cathedral operations executive—was "insufficient," or that Cardinal Dolan possesses unique, non-duplicative information that is "material and necessary" to the pleaded claims.

Section 3101(a) permits in camera review of student disciplinary records that appear material and necessary to a negligence claim.

A.B. v. Wright · filed 2025-12-03(a)

Applying both the NY CPLR and FERPA standards to the facts at bar, this Court holds that the documents sought by plaintiff appear to be "material and necessary," while at the same time, advancing "a genuine need that outweighs the privacy interests of the non-party student," within certain parameters . This Court hereby fashions a two-step conditional process to enable review and possible disclosure of the material. First, the defendants are hereby required to supply the requested documents within 30 days of entry of the Order to the Court for an in camera review.