Discovery.

Practice point: There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by a party, pursuant to CPLR 3101[a][1]. The words “material and necessary" will be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay.

Student note: The test to be employed by the courts in weighing whether material is discoverable is one of usefulness and reason.

Case: D’Ambrosio v. Racanelli, NY Slip Op 09022 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Breach of contract.