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ACCENT COLLECTIONS, INC. v. CAPPELLI ENTERPRISES, INC.

2010-05767.

84 A.D.3d 1283 (2011)

924 N.Y.S.2d 545

ACCENT COLLECTIONS, INC., Appellant, v. CAPPELLI ENTERPRISES, INC., et al., Respondents.

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

Decided May 31, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3101 (a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof." The phrase "material and necessary" should be interpreted liberally, and the test is one of "usefulness and reason" (Kooper v Kooper, 74 A.D.3d 6, 10 [2010] [internal quotation...

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