MATTER OF KUSSMAN v. GIVEANYTHING.COM, INC.


33 A.D.3d 1004 (2006)

822 N.Y.S.2d 733

In the Matter of GINA KUSSMAN, Respondent, v. GIVEANYTHING.COM, INC., et al., Appellants.

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

Decided October 31, 2006.


Ordered that the order is reversed, on the law and in the exercise of discretion with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the petition because, inter alia, the discovery requested was not limited to obtaining the identities of prospective defendants and the petitioner had sufficient information to frame a complaint without the discovery requested (see CPLR 3102...

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