December 8, 2008

Disclosure.

Practice point: Pursuant to CPLR 3101(a), there must be full disclosure of whatever is material and necessary in the prosecution or defense of an action.

Practitioners should note that "material and necessary" is interpreted liberally to require disclosure of anything which bears on the controversy and which will help to sharpen the issues and reduce delays. The standard is usefulness and reason.

Case: Friel v. Papa, NY Slip Op 09028 (2d Dept. 2008)

The opinion is here.