Auerbach v. Klein
Opinion of the Court
In a shareholder’s derivative action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 25, 2005, which denied his motion, inter alia, for leave to serve subpoenas for certain banking and telephone records of the defendant Samuel J. Klein.
Ordered that the order is affirmed, with costs.
Fursuant to CFLR 3101 (a), “full disclosure of all matter ma
Under the circumstances presented here, where the Supreme Court has been actively involved in managing the case and is intimately familiar with the particularities of the matter, we perceive no basis to disturb its determination that the plaintiff’s discovery requests amounted to nothing more than a fishing expedition (see Latture v Smith, 304 AD2d 534, 536 [2003]). Accordingly, the Supreme Court properly denied the plaintiffs motion. Miller, J.P, Schmidt, Mastro and Lunn, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.