Category: Pre-action Disclosure

Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action

Aug 21 2024

By: Jeffrey M. Haber Often, in the pre-action investigation of a client’s claims, it becomes evident that discovery would materially aid the client in framing his/her complaint or in learning …

Apr 3 2020

Once an action is commenced, litigants have numerous discovery devices at their fingertips to help flesh-out facts to prove, or defend against, asserted claims. Sometimes, however, a potential litigant believes …

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Category: Pre-action Disclosure

Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action

THE FIRST DEPARTMENT GRANTS PETITION FOR PRE-ACTION DISCLOSURE PURSUANT TO CPLR 3102(c) TO IDENTIFY THIEF AGAINST WHOM PETITIONER INTENDED TO BRING A CONVERSION CLAIM