DIAZ v. CITY OF NEW YORK

2015-07272, Index No. 5188/09.

140 A.D.3d 826 (2016)

31 N.Y.S.3d 892

2016 NY Slip Op 04382

GEORGE DIAZ et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and VERIZON NEW YORK, INC., et al., Respondents.

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

Decided June 8, 2016.


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

By notice for discovery and inspection dated July 16, 2014, the plaintiffs sought records from the defendant Verizon New York, Inc., concerning an easement that was granted to New York Telephone Company more than 11 years prior to the subject accident. This discovery request was palpably improper, as it sought information that was not necessary and proper to the prosecution of this...

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