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MBF CLEARING CORP. v. SHINE

179 A.D.2d 552 (1992)

MBF Clearing Corp., Appellant, v. Kenneth Shine et al., Respondents

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

January 23, 1992

CPLR 3101 (a), recites that "There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action, regardless of the burden of proof". The provisions of this section are to be construed liberally (Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403), and the burden is upon plaintiff to demonstrate that the disclosure sought is improper (see, Koump v Smith, 25...

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