Allen v. Crowell-Collier Publishing Co., 21 N.Y.2d 403 (1968)
CPLR 3101 should be liberally interpreted to permit discovery of any facts bearing on the controversy that will assist in trial preparation by sharpening the issues and reducing delay.
Summary
Former employees of Crowell-Collier Publishing sued for severance and retirement pay, claiming the company had a policy of making such payments upon termination. They sought information on the company’s practices regarding severance and retirement pay at all its locations, as well as information on collective bargaining agreements and general publishing industry practices. The defendant sought to strike most of the interrogatories. The Court of Appeals held that the information sought was material and necessary to the prosecution of the plaintiffs’ action and should be disclosed. The Court emphasized a broad interpretation of CPLR 3101 to facilitate trial preparation and ascertain the truth.
Facts
Plaintiffs, former employees of Crowell-Collier Publishing’s Springfield, Ohio plant, were discharged when the company suspended publication of two magazines. They sued for severance and retirement pay, alleging that the company had an established policy of providing such payments upon termination, which they relied upon when starting or continuing their employment.
Procedural History
Plaintiffs submitted interrogatories to the defendant seeking information about severance and retirement pay practices at all of the defendant’s plants and offices. The defendant moved to strike most of the interrogatories as immaterial. Special Term granted the defendant’s motion. The Appellate Division affirmed, and granted leave to appeal to the Court of Appeals.
Issue(s)
Whether the information sought by the plaintiffs in their interrogatories, pertaining to the defendant’s severance and retirement pay practices at locations other than the Springfield plant, collective bargaining agreements, and general publishing industry practices, is “material and necessary” to the prosecution of their action under CPLR 3101.
Holding
No, because the words “material and necessary” in CPLR 3101 are to be interpreted liberally to require disclosure of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay.
Court’s Reasoning
The Court held that the scope of discovery under CPLR 3101 should be broad and liberally construed. The test is one of usefulness and reason; the inquiry should be “sufficiently related to the issues in litigation to make the effort to obtain it in preparation for trial reasonable.” The Court emphasized that the purpose of disclosure is to ascertain the truth and accelerate the disposition of suits. “If there is any possibility that the information is sought in good faith for possible use as evidence-in-chief or in rebuttal or for cross-examination, it should be considered ‘evidence material * * in the prosecution or defense’.” The court rejected the defendant’s argument that disclosure should be limited to evidence directly related to issues raised by the pleadings, specifically, information about practices at the Springfield plant. The Court reasoned that the plaintiffs alleged a company-wide policy and practice, and information about other locations could support their assertion that the policy was also in effect at their place of employment. As the dissenting justices in the Appellate Division observed, “The point is not whether plaintiffs relied on the policy in effect at other locations, but whether the fact that it was in effect at the other locations will not lend support to plaintiffs’ assertion that it was also in effect at the location at which they were employed.”