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Discovery Demands Overbroad

In affirming Supreme Court’s determination that petitioner’s discovery demands in a property tax assessment matter were overbroad, the Second Department wrote:

…[T]he document demands, even limited to those concerning tax years 2008/2009, 2010/2011, and 2011/2012, were of an overbroad and burdensome nature. Although CPLR 3101(a) provides for “full disclosure of all matter material and necessary in the prosecution or defense of an action,” unlimited disclosure is not required, and supervision of disclosure is generally left to the Supreme Court’s broad discretion… . While documents related to the actions of the Board of Assessment Review for the Town of Babylon are relevant to this hybrid proceeding and action alleging statutory and constitutional violations, the Supreme Court properly determined that the “sweeping demands” of the notice of discovery and inspection were overbroad and burdensome …. “Where discovery demands are overbroad, the appropriate remedy is to vacate the entire demand rather than to prune it'” … .  In the Matter of Greenfield v Board of Assessment Review…, 2013 NY Slip Op 03480, 2nd Dept, 5-15-13

 

 

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