Summary
In Golden Mark Maintenance, Ltd. v. Alarcon, 265 A.D.2d 377 (2d Dept. 1999), the Court concluded that "(t)he Supreme Court properly quashed subpoenas because the information they sought was irrelevant.
Summary of this case from GUSS v. ARONSONOpinion
Submitted June 16, 1999
October 12, 1999
In an action, inter alia, to recover damages for tortious interference with business relations and defamation, the plaintiff appeals (1) from an order of the Supreme Court, Nassau County (Winick, J.).
ORDERED that the appeal from the order dated July 28, 1998, is dismissed, as that order was superseded by the order entered October 20, 1998, made upon reargument; and it is further,
ORDERED that the order entered October 20, 1998, is affirmed insofar as appealed from; and it is further,
ORDERED that the nonparty respondents are awarded one bill of costs.
The Supreme Court properly quashed the subpoenas at issue because the information they sought was irrelevant. In any event, the plaintiff failed to establish that the information sought to be discovered could not be obtained from other sources ( see, Matter of Terry D., 81 N.Y.2d 1042, 1044; Anheuser-Busch, Inc. v. Abrams, 71 N.Y.2d 327, 331-332; Myrie v. Shelley, 237 A.D.2d 337, 338; Matter of Validation Review Assocs., 237 A.D.2d 614, 615).
S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.