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MATTER OF JOHNSON v. UNION BANK OF SWITZERLAND, AG

150457/16. 3929N. 3928.

150 A.D.3d 436 (2017)

2017 NY Slip Op 03624

51 N.Y.S.3d 417

In the Matter of KATHLEEN K. JOHNSON et al., Appellants, v. UNION BANK OF SWITZERLAND, AG, Respondent.

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

Decided May 4, 2017.

Supreme Court properly exercised its discretion in denying petitioners' motion for pre-action discovery on the ground that, while the motion was pending, petitioners commenced an action, i.e., filed a summons and complaint (see Matter of Goldstein v New York Daily News, 106 A.D.2d 323 [1st Dept 1984]). Disclosure may only be obtained under CPLR 3102(c) "[b]efore an action is commenced."

Petitioners also failed to demonstrate...

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