Section 1101. Disclosure  


Latest version.
  • (a) CPLR applicable. The procedures set forth in
      the CPLR relative to disclosure, bill of particulars and  the  procuring
      of  a  copy  of  the  items  of  an account, shall govern in this court,
      subject to subdivision (b). In an action to impose or  collect  a  civil
      penalty  for  violation  of  the  multiple  dwelling  law or the housing
      maintenance code of the New York  city  administrative  code,  leave  of
      court, obtained by motion to the housing part thereof, shall be required
      for  disclosure  or  for a bill of particulars except for a notice under
      CPLR 3123, which leave shall be granted only upon a  showing  that  such
      disclosure  or  bill  of  particulars is necessary to the prosecution or
      defense of the action. If it is so noted on the summons, any motion  for
      disclosure  or  a  bill  of  particulars  must be made in writing and on
      notice and must be filed with the clerk with proof of service not  later
      than thirty days after joinder of issue.
        (b)  Parties and non-parties. All notices, orders, subpoenas and other
      papers relating to disclosure:
        1. by a party, may  be  served  by  such  means  and  at  such  place,
      regardless  of  city  or  state  lines,  as  would be permissible in the
      supreme court in a like instance;
        2. by a person not a party, may be served and executed only within the
      city, unless the court shall find that the interests of justice  require
      that  service  not  be  so  limited,  in which case the court may permit
      service as in paragraph one. Such permission may be granted  only  after
      motion on notice to all adverse parties.
        (c) Protective order. The protective order provided for in CPLR § 3103
      shall  be  available  in this court with regard to all of the foregoing,
      and shall not be limited to the disclosure devices provided  in  article
      31 of the CPLR.