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M. Farbman & Sons, Inc. v. New York City Health & Hospitals Corp.

62 N.Y.2d 75, 476 N.Y.S.2d 69, 464 N.E.2d 437 (1984)

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M. Farbman & Sons, Inc. v. New York City Health & Hospitals Corp.

New York Court of Appeals
62 N.Y.2d 75, 476 N.Y.S.2d 69, 464 N.E.2d 437 (1984)

Facts

M. Farbman & Sons, Inc. (Farbman) (plaintiff) contracted with the New York City Health and Hospitals Corporation (HHC) (defendant) to provide plumbing services. Farbman and the HHC subsequently had a dispute regarding cost overruns. Pursuant to the Freedom of Information Law (FOIL), Farbman requested 14 categories of records from the HHC. When the HHC denied Farbman’s request, Farbman brought an Article 78 proceeding, seeking to compel the HHC to comply with his request. The HHC responded that Farbman was not entitled to the records because (1) Farbman sought to circumvent Article 31 of the Civil Practice Law and Rules (CPLR) by attempting to use FOIL to obtain documents for an anticipated litigation and (2) Farbman’s requests were too broad and unspecific. The supreme court ordered the HHC to produce the records and rejected the HHC’s reargument motion based on Farbman’s subsequent breach-of-contract suit against the HHC. The appellate division reversed, holding that it was improper to use FOIL to further pending litigation and that the FOIL demand exceeded the scope of a proper Article 31 document demand. Farbman appealed.

Rule of Law

Issue

Holding and Reasoning (Kaye, J.)

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