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Apple Bank for Sav. v. Noah's Route 110, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1994
210 A.D.2d 277 (N.Y. App. Div. 1994)

Summary

granting protective order vacating request for documents

Summary of this case from City of New York v. 330 Cont. LLC

Opinion

December 12, 1994

Appeal from the Supreme Court, Nassau County (Saladino, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the respondents a protective order, vacating the appellants' request for production of documents, inasmuch as certain of the documents sought were already in the appellants' possession, while many of the other documents sought were not specified "with reasonable particularity" as required by CPLR 3120 (a) (1) (former [i]) (see, CPLR 3120 [a] [2]). Under these circumstances, vacatur of this discovery demand is the appropriate remedy, rather than pruning by this Court (see, e.g., Lopez v Huntington Autohaus, 150 A.D.2d 351, 352; Cramp v Cramp, 114 A.D.2d 835).

Additionally, the Supreme Court properly declined to order the respondents' attorney to submit to an examination before trial, inasmuch as the appellants failed to serve this prospective nonparty witness with a subpoena (see, CPLR 3106 [b]; Frybergh v Kouffman, 119 A.D.2d 541; Iskander v Melcone, 52 A.D.2d 592; see also, Merrick v Niagara Mohawk Power Corp., 144 A.D.2d 878).

We decline to review the appellants' contention that the respondents' attorney should have been disqualified, as it was not properly presented to the Supreme Court and is being raised for the first time on this appeal.

We have examined the appellants' remaining contentions and find them to be without merit. Lawrence, J.P., Santucci, Altman and Goldstein, JJ., concur.


Summaries of

Apple Bank for Sav. v. Noah's Route 110, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1994
210 A.D.2d 277 (N.Y. App. Div. 1994)

granting protective order vacating request for documents

Summary of this case from City of New York v. 330 Cont. LLC
Case details for

Apple Bank for Sav. v. Noah's Route 110, Inc.

Case Details

Full title:APPLE BANK FOR SAVINGS, Plaintiff, v. NOAH'S ROUTE 110, INC., et al…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 1994

Citations

210 A.D.2d 277 (N.Y. App. Div. 1994)
620 N.Y.S.2d 965

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