New York Laws
Article 31 - Disclosure
3102 - Method of Obtaining Disclosure.

(b) Stipulation or notice normal method. Unless otherwise provided by
the civil practice law and rules or by the court, disclosure shall be
obtained by stipulation or on notice without leave of the court.
(c) Before action commenced. Before an action is commenced, disclosure
to aid in bringing an action, to preserve information or to aid in
arbitration, may be obtained, but only by court order. The court may
appoint a referee to take testimony.
(d) After trial commenced. Except as provided in section 5223, during
and after trial, disclosure may be obtained only by order of the trial
court on notice.
(e) Action pending in another jurisdiction. Except as provided in
section three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign jurisdiction, or whenever
upon notice or agreement, it is required to take the testimony of a
witness in the state, he or she may be compelled to appear and testify
in the same manner and by the same process as may be employed for the
purpose of taking testimony in actions pending in the state. The supreme
court or a county court shall make any appropriate order in aid of
taking such a deposition; provided that no order may be issued under
this section in connection with an out-of-state proceeding relating to
any legally protected health activity, as defined in paragraph (b) of
subdivision one of section 570.17 of the criminal procedure law or
gender-affirming care which occurred in this state, unless such
out-of-state proceeding (1) sounds in tort or contract, (2) is
actionable, in an equivalent or similar manner, under the laws of this
state, and (3) was brought by the patient who received reproductive
health services or gender-affirming care, or the patient's legal
representative.
(f) Action to which state is party. In an action in which the state is
properly a party, whether as plaintiff, defendant or otherwise,
disclosure by the state shall be available as if the state were a
private person.