Monday, May 22, 2017

CPLR Article 31, Freedom of Information Law (FOIL), and discovery.

Practice point: Article 31 is not a statute specifically exempting public records from disclosure under FOIL, and FOIL does not bar the simultaneous use of both CPLR 3101 and FOIL in order to procure discovery.

Case in point:  Smith v. Watson, NY Slip Op 03878 (1st Dep't May 11, 2017)

Here is the decision.

Tomorrow's issue:  The signatory's obligation to read the instrument, and a claim of notarial misconduct.