New York state courts sometimes look to the Federal Courts for guidance in handling complicated electronic discovery matters, the CPLR and Federal Rules of Civil Procedure differ. A primary difference is the cost of discovery and who bears it (Zublake v. UBS Warburg, LLC, 217 FRD 309 [SDNY 2003]). …..Clearly, raw computer data or electronic documents are discoverable (T.A. Ahern Contractors Corp. v. Dormitory Authority, 24 Misc 3d 416 [N.Y.Sup. 2009]; Lipco Elec. Corp. v. ASG Consulting Corp., 4 Misc 3d 1019 (A) [Sup.Ct. Nassau Cty. 2004]; see also: Wise, “The Government to Provide Searchable’ Documents in FOIA Request,” NYLJ 2/9/11, p. 1, c.3). This is true even in circumstances where a “hard copy” has been provided (T.A. Ahern Contractors Corp. v. Dormitory Authority, supra; Lipco Elec. Corp. v. ASG Consulting Corp., supra).

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