KOOPER v. KOOPER


74 A.D.3d 6 (2010)

901 N.Y.S.2d 312

MICHAEL KOOPER, Respondent, v. ELISABETH KOOPER, Appellant. [[DK] 2008-09018

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

Decided May 11, 2010.


Attorney(s) appearing for the Case

Clair, Greifer LLP, New York City ( Bernard E. Clair and Joseph F. DeSimone of counsel), and Egan & Golden, LLP, Wainscott, for appellant (one brief filed).

Kenneth J. Weinstein , Garden City ( Michael J. Langer of counsel), and Kasowitz, Benson, Torres & Friedman, LLP, New York City, for respondent (one brief filed).

FLORIO, J.P., CHAMBERS and LOTT, JJ., concur.


OPINION OF THE COURT

ANGIOLILLO, J.

On this appeal we consider principles governing the discovery of documents from nonparties pursuant to CPLR 3101 (a) (4), which provides that the party seeking disclosure must give notice stating "the circumstances or reasons such disclosure is sought or required" from the nonparty. Specifically, the question arises whether a party must establish the existence of "special circumstances" warranting discovery from a nonparty...

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