Practice point: A participant in the witness protection program cannot use that participation as a shield from the adverse effects of the litigation the participant has initiated, especially where the subsequent action is not related to the
criminal action which triggered the need for the participation in the first place.
Student note: CPLR 3101(a) requires full disclosure of all matter material
and necessary in the prosecution or defense of an action. Material and
necessary information is that which is required to be disclosed because it
bears upon the controversy at issue and will assist the requesting party in
preparing for trial. Courts will interpret discovery requests liberally in
favor of disclosure.
Case: M.C. v. Sylvia Marsh Equities, Inc., NY Slip Op 00888 (2d Dept.
2013).
Here is the decision.
Tomorrow’s issue: School’s duty to supervise.
