Friel v. Papa
| Decision Date | 18 November 2008 |
| Docket Number | 2007-10733,2007-08113 |
| Parties | CONNELL FRIEL et al., Respondents, v. CHARLES E. PAPA et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the appeal from the order dated October 31, 2007 is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated June 20, 2007 is affirmed; and it is further, Ordered that one bill of costs is awarded to the plaintiffs.
Pursuant to CPLR 3101 (a), "full disclosure of all matter material and necessary in the prosecution or defense of an action" is required. The phrase "material and necessary" should be (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; see Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 746 [2000]; Auerbach v Klein, 30 AD3d 451, 451-452 [2006]).
Here, the defendants contend that the Supreme Court erred in compelling deposition testimony and in denying a protective order. However, the plaintiffs demonstrated that the depositions are reasonably calculated to result in the disclosure of facts necessary to prosecute their case (see Beckles v Kingsbrook Jewish Med. Ctr., 36 AD3d 733 [2007]; Vyas v Campbell, 4 AD3d 417, 418 [2004]; Crazytown Furniture v Brooklyn Union Gas Co., 150 AD2d 420, 421 [1989]).
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In re Reiffel
...[2nd Dept.1993] ; Allen v. Crowell–Collier Publishing Company, 21 N.Y.2d 403, 288 N.Y.S.2d 449, 235 N.E.2d 430 (1968) ; Friel v. Papa, 56 A.D.3d 607, 869 N.Y.S.2d 117 [2nd Dept.2008].Here, the Settlement Agreement entered into by the parties in August of 2011, if deemed voluntary and enforc......
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Foster v. Herbert Slepoy Corp.
...for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason' " ( Friel v. Papa, 56 A.D.3d 607, 608, 869 N.Y.S.2d 117, quoting Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403, 406, 288 N.Y.S.2d 449, 235 N.E.2d 430). A party, however, does no......
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Vandercar v. Metro-N. Commuter R.R. (In re Metro-N. Train Accident of Feb. 3, 2015)
...for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason’ " ( Friel v. Papa , 56 A.D.3d 607, 608, 869 N.Y.S.2d 117, quoting Allen v. Crowell–Collier Publ. Co. , 21 N.Y.2d 403, 406, 288 N.Y.S.2d 449, 235 N.E.2d 430 ). "The supervision of d......
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Friel v. Papa
...this Court in this action, all of which involve discovery matters ( see Friel v. Papa, 36 A.D.3d 754, 829 N.Y.S.2d 569; Friel v. Papa, 56 A.D.3d 607, 869 N.Y.S.2d 117). The scope of discovery in a civil action is governed by CPLR 3101(a), which provides, in relevant part, that “[t]here shal......