MacKinnon v. MacKinnon

245 A.D.2d 690, 665 N.Y.S.2d 123 (1997)

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MacKinnon v. MacKinnon

New York Supreme Court, Appellate Division
245 A.D.2d 690, 665 N.Y.S.2d 123 (1997)

Facts

Amy MacKinnon (plaintiff) and Robert MacKinnon (defendant) were married in 1951. In 1996, Amy sued Robert for divorce. Pursuant to Civil Practice Law and Rules (CPLR) § 3120, Amy asked Robert to produce in discovery his business and personal financial records for, depending on the specific request, 1980 to the present, 1990 to the present, or an unspecified time period. Amy’s requests also often sought “any” or “all” responsive documents concerning numerous corporations with which Robert was involved. Robert sought a protective order against Amy’s requests on the ground that the requests were overly broad and burdensome. Amy responded that she needed such extensive discovery because she knew nothing about Robert’s finances. The supreme court granted Robert’s motion, limiting the relevant time period to the five years preceding the start of the litigation but granting Amy permission to seek additional reasonable and identifiable records after Robert’s deposition. The supreme court also required Amy to comply with CPLR § 3120(b) with respect to businesses that Robert did not control. Amy appealed.

Rule of Law

Issue

Holding and Reasoning (Spain, J.)

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