Partners & Napier Inc. v DeRoller

Holding The appeal is dismissed as moot except for demands 13, 14, and 15, where the order is affirmed because the lower court did not abuse its discretion in directing the production of material and necessary documents. The court rejected the argument that the order was issued sua sponte, noting the relief was requested in the motion papers and supported by the broad discretion inherent in supervising discovery.

The court’s words

An appeal from a discovery order is rendered moot . . . when the disputed material is disclosed before the appeal is decided

2026 NY Slip Op 04656, at the official text

a plain reading of [the] motion papers placed [the nonmoving party] on notice of the relief being requested

2026 NY Slip Op 04656, at the official text

full disclosure of all matter material and necessary in the prosecution or defense of an action

2026 NY Slip Op 04656, at the official text

The test is one of usefulness and reason

2026 NY Slip Op 04656, at the official text

we cannot conclude that the information demanded in paragraphs 13, 14, and 15 of the notices to produce directed to the individual defendants is not material and necessary

2026 NY Slip Op 04656, at the official text