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MATTER OF GTV MEDIA GROUP, INC. v. CONFIDENTIAL GLOBAL INVESTIGATIONS

Index No. 155048/21. Appeal Nos. 15977-15977A. Case Nos. 2021-02995, 2021-03576.

205 A.D.3d 539 (2022)

166 N.Y.S.3d 539

2022 NY Slip Op 03318

In the Matter of GTV Media Group, Inc., Appellant, v. Confidential Global Investigations, Respondent, et al., Respondent.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Frankfurt Kurnit Klein & Selz, PC, New York ( Jesse Klinger of counsel), for appellant.

Seiden Law Group LLP, New York ( Amiad Kushner of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

Supreme Court providently denied the petition and dismissed the proceeding. Pre-action discovery "is not permissible as a fishing expedition to ascertain whether a cause of action exists" (Bishop v Stevenson Commons Assoc., L.P., 74 A.D.3d 640, 641 [1st Dept 2010], lv denied 16 N.Y.3d 702 [2011], quoting Liberty Imports v Bourguet, 146 A.D.2d 535

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