September 21, 2011

Discovery.

Practice point: While CPLR 3101(a) provides for full disclosure of everything material and necessary in the prosecution of an action, the principle of full disclosure does not give a party the right to uncontrolled and unfettered disclosure.

Student note: When a particular discovery demand is inappropriate, the court may make a protective order with respect to that demand, pursuant to CPLR 3103[a], in order to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice.

Case: D’Adamo v. Saint Dominic’s Home, NY Slip Op 06469 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue:  A landowner’s duty.