Rosenberg v. Brooklyn Union Gas Co.
Cases that cite this one
3 later published cases cite this decision.
- Matter of Holland v. 640 Columbia Owner LLC (New York Supreme Court, Kings County 2025)
- Daniels v. Fairfield Presidential Management Corp. (Appellate Division of the Supreme Court of New York 2007)
- Larkin v. Commercial Paint, Inc. (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appeal is from an order of the Supreme Court, Kings County, entered October 15, 1980, which denied petitioners’ motion for discovery and inspection of certain reports and records of the respondent the Brooklyn Union Gas Company. Order reversed, without costs or disbursements, and petitioners’ motion for discovery and inspection is granted, but limited to a one-square block area from petitioners’ residence and to a time period of one year preceding the accident. Since petitioners have demonstrated that a cause of action exists, CPLR 3102 (subd [c]) would authorize preaction discovery to allow them to frame their complaint and obtain the identity of prospective defendants (Matter of Urban v Hooker Chems. & Plastics Corp., 75 AD2d 720; Matter of Houlihan-Parnes Realtors [Cantor Fitzgerald & Co.], 58 AD2d 629). However, to the extent that the petitioners’ motion for discovery and inspection sought respondent’s records covering a five-block area for a period of three years, it was overly broad (cf. Yannick v Tube City Iron & Metal Co., 77 AD2d 623). Titone, J. P., Mangano, Cohalan and O’Connor, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.