Practice point: Although CPLR 3101(a) is to be construed liberally so that there should
be disclosure of any evidence that is material, necessary and arguably
relevant, unlimited disclosure is not required, and supervision
of disclosure is generally left to the trial court's broad discretion. The test when determining discovery issues is one based on usefulness and reason.
Student note: The Supreme Court's determination as to discovery issues will not be disturbed on appeal unless improvidently made. However, discovery demands which are unduly
burdensome, lack specificity, or seek privileged or irrelevant
information are improper and will be vacated.
Case: H.R. Prince, Inc. v. Elite Envtl. Sys., Inc., NY Slip Op 04567 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Allegations of failure to diagnose and improper treatment.
