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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)

Citation
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Parent Document
J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Jurisdiction
New York (state)
Effective Date
1995-09-12

Full Text

615 chars
Leave to undertake disclosure may be sought in summary proceedings under unusual circumstances, based on a showing of demonstrable need. (New York Univ. v Farkas, 121 Misc 2d 643.) However, as the Farkas court indicated, the disclosure sought must relate to a definite, good-faith, litigable claim. Disclosure may not be used within a summary proceeding to determine if a claim exists. To the extent that the disclosure sought here is necessary to determine the amount in controversy and may be necessary to draft a proper rent demand and pleading, it is inappropriately sought after commencement of the proceeding.