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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: November 4, 2015

Documents Calculated to Lead to Discovery of Evidence Bearing on Defense Must be Produced

On October 29, 2015, the First Department issued a decision in SNI/SI Networks LLC v. Directv, LLC, 2015 NY Slip Op. 07941, affirming a decision compelling the production of documents, explaining:

The agreements that plaintiff has with its other distributors are material and necessary to defendant’s defense of antecedent breach. Defendant demonstrated a factual basis for its defense and that the discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the defense.

(Internal quotations and citations omitted) (emphasis added).

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