Search for: "Mendelovitz v Cohen"
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11 Apr 2015, 11:19 am
Where a request for discovery from a nonparty is challenged solely on the ground that it exceeds the permissible scope of matters material and necessary in the prosecution or defense of the action, a motion to quash is properly denied if that threshold requirement is satisfied (see Samide v Roman Catholic Diocese of Brooklyn, 16 AD3d 482, 483, [2d Dept. 2005) or properly Page 3 granted if the discovery sought is not material and necessary (see Mendelovitz v… [read post]
17 Apr 2015, 1:53 pm
Where a request for discovery from a nonparty is challenged solely on the ground that it exceeds the permissible scope of matters material and necessary in the prosecution or defense of the action, a motion to quash is properly denied if that threshold requirement is satisfied (see Samide v Roman Catholic Diocese of Brooklyn, 16 AD3d 482, 483, [2d Dept. 2005) or properly Page 3 granted if the discovery sought is not material and necessary (see Mendelovitz v Cohen,… [read post]
21 Jun 2019, 3:32 am
“In reviewing a motion pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded every possible favorable inference, and the court’s function is to determine only whether the facts as alleged fit within any cognizable legal theory” (Mendelovitz v Cohen, 37 AD3d 670, 671; see Belling v City of Long Beach, 168 AD3d 900).… [read post]
