Rifkin v Lubcher

Holding The Appellate Division modified the lower court’s order to compel the production of specific billing worksheets, invoices, deposit slips, and a client list relevant to an accounting action. The court affirmed the denial of requests for documents not previously requested or deemed irrelevant to the accounting dispute.

The court’s words

we are vested with a corresponding power to substitute our own discretion for that of the trial court

2026 NY Slip Op 05749, at the official text

copies of deposit slips should be produced so that plaintiff can confirm that the unredacted portions of the bank statements reflect all relevant deposits

2026 NY Slip Op 05749, at the official text

the motion court providently exercised its discretion by denying a request that was made for the first time in a motion to compel

2026 NY Slip Op 05749, at the official text

plaintiff is entitled to have a list of all Rifkin & Lubcher clients to check against the invoices that defendant sent

2026 NY Slip Op 05749, at the official text