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WESTERN INVESTMENT LLC v. GEORGESON SHAREHOLDER SECURITIES CORPORATION

43 A.D.3d 333 (2007)

841 N.Y.S.2d 40

WESTERN INVESTMENT LLC, Appellant, v. GEORGESON SHAREHOLDER SECURITIES CORPORATION et al., Respondents.

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

Decided August 16, 2007.

Petitioner already had sufficient information to formulate its complaint. The only purpose of inspecting the file would be to explore alternative theories of liability, which is not a proper basis for invoking CPLR 3102 (c) (Holzman v Manhattan & Bronx Surface Tr. Operating Auth., 271 A.D.2d 346, 348 [2000]). On the face of petitioner's own showing, the court properly denied the application for such pre-action discovery except...

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