Casita, L.P., Plaintiff, v. ROBERT GLASER MAPLEWOOD PARTNERS LP MAPLEWOOD MANAGEMENT LP MAPLEWOOD HOLDINGS LLC (2026)

This is a breach of contract action commenced by an equity fund investor seeking to enforce the accounting, and fund distribution terms of a subscription agreement against the fund managing members. A discovery dispute has arisen between the parties regarding the discoverability of documents related to claims asserted in the complaint. Defendants oppose the production of certain documents on the belief that, at this early stage of litigation, discovery should be limited.

New York courts favor open and liberal discovery. CPLR 3101 requires full disclosure of all matter material and necessary in the prosecution or defense of an action. The phrase "material and necessary" is "to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason" (Allen v Crowell-Collier Publishing Co., 21 NY2d 403[1968]).

Here, plaintiff seeks production of documents regarding the following categories of information: fund distributions, accounting and tax records, non-privileged fee and retainer documents, and documents reflecting account transfers. The CPLR establishes three categories of protected materials, and none of the categories of documents sought by plaintiff fit within the categories shielded from disclosure (Spectrum Sys. Int'l Corp. v Chem. Bank, 78 NY2d 371, 377 [1991][privileged matter, attorney work product and trial preparation materials]).

Where, as here, a final determination on the merits of the claims has not yet been reached, defendant may not, on its own initiative, limit the scope of permissible discovery. Discovery shall continue, it will not be bifurcated, and defendants are obligated to respond to plaintiff's 49 demands, and produce responsive information in the possession, custody and control of the responding entity.

Accordingly, it is hereby

ORDERED that defendants are directed to supplement and/or provide responsive information and documents relative to plaintiff's 49 document demands no later than December 4, 2026; and it is further

ORDERED that document production shall continue and the parties shall comply with the discovery schedule set forth in the preliminary conference order (NYSCEF doc. no. 72); and it is further

ORDERED that all parties shall appear for a status conference on January 5, 2027 at 10:00 a.m.

DATE October 5, 2026

ROBERT R. REED, J.S.C.

Robert R. Reed, J.