The plaintiff brought a motion seeking an order for the defendant to produce a further and better affidavit of documents, specifically non-privileged documents related to a corporate reorganization or restructuring, regardless of their temporal origin.
The defendant argued the motion was premature, suggesting the issues could be addressed during examinations for discovery.
The court found that the documents were relevant based on the pleadings and that the defendant had previously agreed to their production.
The motion was granted, and the defendant was ordered to serve a sworn, comprehensive affidavit of documents.
Costs were awarded to the plaintiff.
