Goberman v. McNamara
New York Supreme Court
76 Misc. 2d 791, 93 N.Y.S.2d 369 (1979)
- Written by Steven Pacht, JD
Facts
Harold Goberman (plaintiff) sued John McNamara and others (collectively, McNamara) (defendants) for assault and attempted fraud. McNamara responded that his actions were justified by Goberman’s alleged acts and threats. At Goberman’s examination before trial (i.e., deposition), McNamara’s counsel asked Goberman whether Goberman had ever been convicted of a crime or had been known by any other name in the past five years and to state his addresses over the past five years. Goberman refused to answer these questions. McNamara sought an order compelling Goberman to answer the questions. Per McNamara, Civil Practice Law and Rules (CPLR) § 3101(a) authorized discovery of all material evidence, which under CPLR § 4513 included Goberman’s criminal record because Goberman might testify at trial.
Rule of Law
Issue
Holding and Reasoning (Liff, J.)
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