The following excerpt is from 57 Elmhurst, LLC v. Williams, 124 N.Y.S.3d 125, 68 Misc.3d 215 (N.Y. Civ. Ct. 2020):
demonstration of the six factors first set out in New York University v. Farkas , 121 Misc. 2d 643, 468 N.Y.S.2d 808 (Civ. Ct. N.Y. County 1983). The factors are as follows: (1) whether the party seeking discovery has asserted facts to establish a cause of action; (2) whether there is a need to determine information directly related to the cause of action; (3) whether the requested disclosure is carefully tailored and is likely to clarify the disputed facts; (4) whether prejudice will result from the granting of an application for disclosure; (5) whether the prejudice can be diminished or alleviated by an order fashioned by the court for this purpose; and (6) whether the court, in its supervisory role can structure
[68 Misc.3d 218]
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