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Menkes v. Beth Abraham Services
Citations: 89 A.D.3d 647; 933 N.Y.2d 548
Court: Appellate Division of the Supreme Court of the State of New York; November 28, 2011; New York; State Appellate Court
The motion court appropriately exercised its discretion in granting the motion due to the plaintiff's failure to prove that the requested information from the former director could not be obtained from alternative sources, specifically the nursing home’s own records. The court referenced previous cases, including Connolly v Napoli, Kaiser, Bern, LLP and Kooper v Kooper, to support its ruling. Consequently, it was unnecessary to assess whether the sought disclosure was material and necessary. The decision was concurred by Justices Saxe, Friedman, Renwick, DeGrasse, and Freedman.