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MATTER OF THOMAS v. MASTERCARD ADVISORS, LLC

2968, 101223/09.

74 A.D.3d 464 (2010)

901 N.Y.S.2d 638

In the Matter of JAMES THOMAS, Appellant, v. MASTERCARD ADVISORS, LLC, et al., Respondents.

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

Decided June 3, 2010.

Pre-action disclosure is available only upon a showing that the petitioner has a meritorious cause of action and that the information sought is material and necessary to an actionable wrong (see Holzman v Manhattan & Bronx Surface Tr. Operating Auth., 271 A.D.2d 346, 347 [2000]). It may not be used for the purpose of exploring the possibility of alternative theories of liability or whether the prospective plaintiff has a...

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