December 2, 2008

Disclosure.

Practice point: While CPLR 3101(a) provides for full disclosure of whatever is material and necessary to prosecute an action, unlimited disclosure is not permitted.

Practitioners should note that, pursuant to CPLR 3103(a), a court may deny, limit, condition or regulate the use of any disclosure device so as to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice to any person.

Case: Lacqua v. Staten Is. Univ. Hosp., NY Slip Op 08712 (2d Dept. 2008)

The opinion is here.