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Was there a basis for detailed disclosure?September 21, 2017

Maiga Prods. Corp. v United Servs. Auto. Assn., 2017 NY Slip Op 51148(U)

Interestingly, there was no discussion in this case relative to an offer of proof regarding whether what I presume is whether corporate disclosure was established.  The following is noted:  “Furthermore, plaintiff failed to object to the discovery demands at issue within the time prescribed by CPLR 3122 (a) and CPLR 3133 (a). Thus, plaintiff is obligated to produce the information sought by defendant except as to matters which are palpably improper or privileged (see Fausto v City of New York, 17 AD3d 520 [2005]; Marino v County of Nassau, 16 AD3d 628 [2005]; AVA Acupuncture, P.C. v AutoOne Ins. Co., 28 Misc 3d 134[A], 2010 NY Slip Op 51350[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010]). Plaintiff has failed to establish that the discovery demands served by defendant seek information which is palpably improper or privileged.

2 Responses

  1. Rookie says:

    A complete BULL of a decision. There were no denials. So preclusion should apply to mostly everything. And for God’s sake where is fair price in all this. The appellate term really craters when it comes to foregazy discovery motions by Some mallela sweat Shop firms. This is a dme case not carothers. Complete and utter nonsense

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