Friday, August 14, 2015

Disclosure.

Practice point: "There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof," pursuant to CPLR 3101[a]).  The words "material and necessary" must be interpreted liberally 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 and prolixity.  However, discovery is not unlimited, and the supervision of discovery is generally left to the broad discretion of the trial court.

Student note:  Absent an improvident exercise of the trial court's discretion, its determination will not be disturbed by the Appellate Division.

Case:  Gould v. Decolator, NY Slip Op 06416 (2d Dept. 2015)

Here is the decision.

Monday's issue:  Setting aside the jury's verdict in a medical malpractice action.