1009 Second Avenue Associates v. Benenson Capital Co.

Order, Supreme Court, New York County (Louise Gruner Cans, J.), entered March 25, 1997, which, insofar as appealed from as limited by defendants-appellants’ brief, granted plaintiffs motion to compel compliance with items 1, 4, 5 and 6 of its supplemental notice of discovery and inspection, unanimously modified, on the law and the facts, to the extent of denying the motion as to documents requested in items 4, 5 and 6, and otherwise affirmed, without costs.

The record fails to support the motion court’s determination that the disclosure of documents requested in items 4, 5, and 6 of plaintiffs supplemental notice for discovery and inspection are material and necessary to plaintiffs action. Indeed, plaintiff did not attempt to justify its request for these materials on the motion.