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NEW YORK STATE ELEC. & GAS CORP. v. LEXINGTON INS. CO.

160 A.D.2d 261 (1990)

New York State Electric and Gas Corporation, Respondent, v. Lexington Insurance Company et al., Respondents. Westinghouse Electric Corporation, Nonparty Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1990

The scope of disclosure as to a nonparty, such as Westinghouse herein, is governed by CPLR 3101 (a), which provides, in pertinent part, that

"[t]here shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action, regardless of burden of proof, by * * * "(4) any other person [nonparty], upon notice stating the circumstances or reasons such disclosure is sought or required".

This provision has been liberally...

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