TOWER INSURANCE COMPANY OF NEW YORK v. MURELLO

2008-06544, 2009-00114

68 A.D.3d 977 (2009)

2009 NY Slip Op 9461

889 N.Y.S.2d 852

TOWER INSURANCE COMPANY OF NEW YORK, as Subrogee of Natalie Soleymanzadeh, Respondent, et al., Plaintiffs, v. ROBERT MURELLO, Doing Business as ROBERT MURELLO ELECTRICAL CONTRACTING CO., et al., Appellants.

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

Decided December 15, 2009.


Ordered that the order is affirmed, with costs.

CPLR 3101 (a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution . . . of an action." "The phrase `material and necessary' should be `interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason...

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