N.Y. C.P.L.R. 3102

§ 3102. Method of obtaining disclosure. (a) Disclosure devices.\nInformation is obtainable by one or more of the following disclosure\ndevices: depositions upon oral questions or without the state upon\nwritten questions, interrogatories, demands for addresses, discovery and\ninspection of documents or property, physical and mental examinations of\npersons, and requests for admission.\n (b) Stipulation or notice normal method. Unless otherwise provided by\nthe civil practice law and rules or by the court, disclosure shall be\nobtained by stipulation or on notice without leave of the court.\n (c) Before action commenced. Before an action is commenced, disclosure\nto aid in bringing an action, to preserve information or to aid in\narbitration, may be obtained, but only by court order. The court may\nappoint a referee to take testimony.\n (d) After trial commenced. Except as provided in section 5223, during\nand after trial, disclosure may be obtained only by order of the trial\ncourt on notice.\n (e) Action pending in another jurisdiction. Except as provided in\nsection three thousand one hundred nineteen of this article, when under\nany mandate, writ or commission issued out of any court of record in any\nother state, territory, district or foreign jurisdiction, or whenever\nupon notice or agreement, it is required to take the testimony of a\nwitness in the state, he or she may be compelled to appear and testify\nin the same manner and by the same process as may be employed for the\npurpose of taking testimony in actions pending in the state. The supreme\ncourt or a county court shall make any appropriate order in aid of\ntaking such a deposition; provided that no order may be issued under\nthis section in connection with an out-of-state proceeding relating to\nany legally protected health activity, as defined in paragraph (b) of\nsubdivision one of section 570.17 of the criminal procedure law or\ngender-affirming care, as defined in paragraph (c) of subdivision one of\nsection sixty-five hundred thirty-one-b of the education law, which\noccurred in this state, unless such out-of-state proceeding (1) sounds\nin tort or contract, (2) is actionable, in an equivalent or similar\nmanner, under the laws of this state, and (3) was brought by the patient\nwho received reproductive health services or gender-affirming care, or\nthe patient's legal representative.\n (f) Action to which state is party. In an action in which the state is\nproperly a party, whether as plaintiff, defendant or otherwise,\ndisclosure by the state shall be available as if the state were a\nprivate person.\n