MATTER OF ALEXANDER v. SPANIERMAN GALLERY, LLC


33 A.D.3d 411 (2006)

822 N.Y.S.2d 506

In the Matter of NORMAN ALEXANDER, Respondent-Appellant, v. SPANIERMAN GALLERY, LLC, Appellant-Respondent, and UNIVERSE ANTIQUES, INC., et al., Respondents.

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

Decided October 12, 2006.


In this proceeding, brought pursuant to CPLR 3102 (c), seeking discovery in advance of the filing and service of a complaint, petitioner was properly permitted to obtain disclosure of the identity of the individual or entity that purchased the sculpture allegedly stolen from his home, such person or entity being a potential defendant in a prospective action by petitioner to, inter alia, replevy the artwork (see Matter of Wien & Malkin v Wichman,

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