Practice point: Whether the motion is directed to a party or a nonparty, the movant must satisfy the threshold
requirement that the disclosure sought is material and necessary, pursuant to CPLR 3101[a][1]. Beyond that, when seeking disclosure from a nonparty, the movant must set
forth the circumstances or reasons why the disclosure is sought or
required, pursuant to CPLR 3101[a][4]. In the case of a nonparty witness, more than mere relevance and materiality is necessary to warrant compulsory disclosure.
Student note: CPLR 3101(a) is liberally construed 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.
Case: Reid v. Soults, NY Slip Op 01307 (2d Dept. 2014).
Here is the decision.
Monday's issue: A Labor Law 240(1) claim.
