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MATTER OF STUMP v. 209 EAST 56TH ST. CORP.

212 A.D.2d 410 (1995)

622 N.Y.S.2d 517

In the Matter of Jules J. Stump, Appellant, v. 209 East 56th St. Corp., Respondent

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

February 9, 1995

Although CPLR 3102 (c) authorizes discovery to allow a plaintiff to obtain the identity of the prospective defendants, it cannot be used by a prospective plaintiff to determine whether he has a cause of action (Matter of Stewart v New York City Tr. Auth., 112 A.D.2d 939). Rather, it is only available where the moving party demonstrates that he has a meritorious cause of action and that the information sought is material and necessary...

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