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Civil Procedure Law Appellate Court Opinion

by Agati, Taryn


AC44760 - Nowak v. Environmental Engery Services, Inc. ("The defendants, Environmental Energy Services, Inc. (EES), and Richard Nowak, appeal from the judgment of the trial court granting, in part, the equitable petition for a bill of discovery (petition) filed by the plaintiff, Anna Nowak, in her capacity as the executor of the estate of her late husband, Kenneth Nowak. On appeal, the defendants claim that the court improperly determined that the plaintiff met her burden of establishing probable cause to bring claims against the defendants for corporate misconduct and that the plaintiff had no means, other than the bill of discovery, to discover the majority of the requested records. We affirm the judgment of the trial court.")