Lauro v. Top of the Class Caterers, Inc.
Opinion of the Court
In an action to recover for damages for breach of contract and for an accounting, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Copertino, J.), entered October 5, 1988, as (1) denied those branches of their motion which were (a) to compel the plaintiff to more "fully and completely” answer interrogatories numbered 7, 8, 10, 11 and 12, and (b) for a protective order vacating item "numbered 3” of the plaintiff’s notice of discovery and inspection, and (2) granted that branch of their motion which was for a protective order vacating the plaintiff’s cross notice to take a deposition upon oral examination of the defendants only to the extent of directing that the defendants need only produce at those depositions those documents which were necessary for the depositions.
Ordered that the order is affirmed insofar as appealed from, with costs, and without prejudice to a further application by the defendants, if they be so advised, for the imposition of reasonable conditions of confidentiality for disclosure of their contracts with catering customers between July 1, 1983, through and including June 30, 1987.
In opposition to the defendants’ request to compel the plaintiff to more "fully and completely” answer interrogatories numbered 7, 8, 10, 11 and 12, which requested the identification of certain documents, the plaintiff averred that he had not created, maintained, or had in his possession or control any of the requested documents. The Supreme Court therefore properly denied the defendants’ request on the
In addition, the Supreme Court properly directed the defendants to produce for discovery and inspection their contracts with catering customers for the limited period between July 1, 1983 through and including June 30, 1987. The defendants’ contentions challenging this type of disclosure request have been addressed and found to be without merit by this court in Wilensky v JRB Mktg. & Opinion Research (137 AD2d 520). Our determination is without prejudice to a further application by the defendants, if they be so advised, for the imposition of reasonable conditions of confidentiality for the disclosure of the contracts (see, Schenectady Chems. v Imitec, Inc., 151 AD2d 804: Citibank v Recycling Carroll Gardens, 116 AD2d 494).
The defendants’ remaining contention is without merit. Thompson, J. P., Kunzeman, Lawrence and O’Brien, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.