AUERBACH v. KLEIN


30 A.D.3d 451 (2006)

816 N.Y.S.2d 376

STEPHEN B. AUERBACH, Appellant, v. SAMUEL J. KLEIN, Respondent, et al., Defendants.

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

June 13, 2006.


Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3101 (a), "full disclosure of all matter material and necessary in the prosecution or defense of an action" is required. The phrase "material and necessary" should be "interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity...

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