(Download) "Capitol Hill Twin Towers Corporation v. Apcoa Division" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Capitol Hill Twin Towers Corporation v. Apcoa Division
- Author : Supreme Court of New York
- Release Date : January 13, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff leased its garage to defendant and now seeks discovery of the latter's records concerning the maintenance and operation of the facility, including complaints received from others in relation thereto, in a proceeding to evict this tenant and have it account for unpaid rents. Defendant sought and obtained a protective order from disclosing such information, claiming it was not material and necessary (cf. CPLR 3101, subd. [a]). Despite the liberality of construction attending such language with the test being one of usefulness and reason (Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403, 406), it is equally clear that the trial court has been given broad discretion to control the matters into which one may inquire (CPLR 3103, subd. [a]; 3A Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3103.01). On this record plaintiff has failed to show any abuse of that discretion. The material sought would, essentially, relate to defendant's efficiency of operation. The unspecific nature of that request could well have been regarded as paving the way to an unreasonable and annoying examination of defendant's books and records. Disposition Order affirmed, with costs.