Practice point: The Supreme Court has broad discretion in determining the materiality and relevance of proffered evidence.
Practitioners should note that the court will decline to admit a copy of an order in underlying litigation as cumulative to testimony already received concerning the outcome of that litigation.
Case: Caplan v. Tofel, NY Slip Op 00323 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Corporations.
