Practice point: Full disclosure is required of everything material and necessary to the defense of an action, pursuant to CPLR 3101[a], which means that there must be disclosure of any facts bearing on the controversy.
Practitioners should note that, in a defamation action, defendant is entitled to discovery to establish the defense of truth to plaintiff's claims, and to defend against plaintiff's assertion of damage to his reputation.
Case: Rivera v. NYP Holdings, Inc., NY Slip 04706 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Long-arm jurisdiction.
There is another instructive case here.
