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RIVERA v. NYP HOLDINGS INC.

63 A.D.3d 469 (2009)

881 N.Y.S.2d 60

FRANCOIS RIVERA, Respondent, v. NYP HOLDINGS INC. et al., Appellants, et al., Defendants.

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

Decided June 9, 2009.

We conclude that the denial of defendants' motion to compel constituted an improvident exercise of discretion. Full disclosure is required of "all matter material and necessary" to the defense of an action (CPLR 3101 [a]), and the words "material and necessary" are "to be interpreted liberally to require disclosure. . . of any facts bearing on the controversy" (Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406 [1968]). Defendants...

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