CPLR 3101(a) broadly mandates full disclosure of all matter material and necessary in the prosecution or defense of an action. However, the court, sua sponte or on motion, may issue a protective order denying, limiting, conditioning, or regulating the use of any disclosure device. A party seeking a protective order must make a factual showing of unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice. The Supreme Court may issue a protective order precluding disclosure that is palpably improper in that it seeks irrelevant and/or confidential information, or is overly broad and burdensome. Although trial courts are vested with broad discretion to issue appropriate protective orders to limit discovery, that discretion must be exercised with the competing interests of the parties and the truth-finding goal of the discovery process in mind.
G.B. v. Equinox Holdings, Inc., NY Slip Op 04452 (2d Dep't July 30, 2025)
