Menkes v. Beth Abraham Services — 89 A.D.3d 647

Majority

p. 647

Sheryl Menkes, Appellant, v Beth Abraham Services, Respondent.

[933 NYS2d 548]

The motion court providently exercised its discretion in grant

p. 648

ing the motion, as plaintiff failed to demonstrate that the information sought from the former director could not be obtained from other sources, such as the nursing home’s own records (see Connolly v Napoli, Kaiser & Bern, LLP, 81 AD3d 530 , 531 [2011]; Kooper v Kooper, 74 AD3d 6 , 15, 16-17 [2010]). In view of the foregoing, we need not determine whether the disclosure sought is material and necessary. Concur — Saxe, J.E, Friedman, Renwick, DeGrasse and Freedman, JJ.

Cases cited

Connolly v. Napoli, Kaiser & Bern, LLP 81 AD3d 530 N.Y. App. Div. 2011-02-17 at 531 p. 648
Kooper v. Kooper 74 AD3d 6 N.Y. App. Div. 2010-05-11 at 15, 16-17 p. 648