In Bishop v. Stevenson Commons Assocs., L.P., 74 AD3d 640 (1st Dept. 2010), the court, driving over a road paved by prior decisions, intoned that: "pre-action discovery "is not permissible as a fishing expedition to ascertain whether a cause of action exists" and is only available where a petitioner demonstrates that he or she has a meritorious cause of action and that the information sought is material and necessary to the actionable wrong. Generally, the determination of whether a party has demonstrated merit lies in the sound discretion of the trial court." (Id at 641.) The First Department in Bishop v. Stevenson Commons Assocs., L.P., added that when considering a pre-action discovery request, "a sensitive balance must be struck between the intrusiveness of the discovery device as against the merits, or lack thereof, of the claim." 74 AD3d at 641.