Wadolowski v. Cohen
Opinion of the Court
“Parties are entitled to disclosure of all matter ‘material and necessary’ to prosecution of the action” (Matter of Skolinsky, 70 AD3d 845, 845 [2010], quoting CPLR 3101 [a]; see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; Trimarco v Data Treasury Corp., 59 AD3d 615, 615 [2009]). “The phrase ‘material and necessary’ should be interpreted liberally, and the test is one of ‘usefulness and reason’ ” (Accent Collections, Inc. v Cappelli Enters., Inc., 84 AD3d 1283, 1283 [2011], quoting Kooper v Kooper, 74 AD3d 6, 10 [2010]). “It is incumbent on the party seeking disclosure to demonstrate that the method of discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims, and unsubstantiated bare allegations of relevancy are insufficient to establish the factual predicate regarding relevancy” (Crazytown Furniture v Brooklyn Union Gas Co., 150 AD2d 420, 421 [1989] [citations omitted]; see Foster v Herbert Slepoy Corp., 74 AD3d 1139, 1140 [2010]). “The supervision of discovery, and the setting of reasonable terms and conditions for disclosure, are matters within the sound discretion of the trial court” (Bernardis v Town of Islip, 95 AD3d 1050, 1050 [2012]; see Kooper v Kooper, 74 AD3d at 17).
Under the circumstances of this case, where the accident occurred on the exterior of the subject premises and there were no allegations that would render any aspect of the interior relevant to the plaintiffs case, the plaintiff failed to establish that access to the interior of the subject premises would yield matter
Case-law data current through December 31, 2025. Source: CourtListener bulk data.