From Casetext: Smarter Legal Research

Szafranski v. Priebe

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 1003 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Erie County, Francis, J.

Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.


Order unanimously reversed on the law with costs and motion denied. Memorandum: The court erred in precluding plaintiff's discovery of defendant's karate manual. CPLR 3101 (a) provides, in pertinent part, "There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action". That language is to be interpreted liberally to require disclosure of facts bearing on the controversy which will assist in preparation for trial. "The test is one of usefulness and reason" (Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406). Plaintiff established that defendant's karate manual is possibly relevant to prosecution of her personal injury action and thus "material and necessary" within the meaning of the statute.


Summaries of

Szafranski v. Priebe

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 1003 (N.Y. App. Div. 1989)
Case details for

Szafranski v. Priebe

Case Details

Full title:HOLLY SZAFRANSKI, Appellant, v. JOHN PRIEBE, as Father and Natural…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1989

Citations

152 A.D.2d 1003 (N.Y. App. Div. 1989)
543 N.Y.S.2d 598

Citing Cases

Sgambelluri v. Recinos

Finally, those portions of the videotape that are objectionable may be redacted, in accordance with CPLR 3101…

Sgambelluri v. Recinos

When one party seeks to discover personal items of another party, the relevancy of the discovery request must…