Tuesday, December 15, 2015

Limiting the scope of discovery.

Practice point:  The Appellate Division affirmed the motion court's denial of those branches of the plaintiff's motion which were to extend the time to complete discovery and compel the defendants to respond to his discovery demands. The Appellate Division determined that the plaintiff's discovery demands were overly broad and unduly burdensome, and sought a large number of documents that were irrelevant to his remaining causes of action.

Student note:  The Supreme Court has broad discretion to supervise disclosure to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice. Discovery demands that are overly broad, are lacking in specificity, or seek irrelevant documents are improper and will not be allowed.

Case:  Jacobs v. Mostow, NY Slip Op 09067 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  A plaintiff's negligence and proximate cause.